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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although it can be sufficiently recognized that the defendant had the intention of entering the victim's residence at the time of entering the victim's residence, the court below recognized the defendant's act as an indecent act by force on the ground that there was no intention of entering the residence, and dismissed the public prosecution on the ground that the victim withdraws the complaint. The court below erred by misunderstanding the facts and affecting the conclusion
Judgment
The lower court determined that the Defendant’s act does not constitute a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and constitutes a crime of indecent act by force, on the grounds that it cannot be acknowledged that the Defendant was aware that he was entering the victim’s house against the victim’s will at the time of the instant case in light of the following circumstances, which can be acknowledged by evidence.
Furthermore, according to Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012), the lower court acknowledged the fact that the victim submitted a written withdrawal of the written complaint to the Gwangju District Public Prosecutor’s Office on May 21, 2013, which was prior to the instant indictment, based on the following: (a) the crime of indecent act by compulsion falling under Article 298 of the Criminal Act constitutes an offense under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); and (b) accordingly, dismissed the instant public prosecution pursuant to Article 327 subparag. 2 of the Criminal Procedure Act by deeming that the
① The Defendant: (a) moved a place along with a kind of job offer H, etc. on the day of the instant case; and (b) took a considerable amount of alcohol to the extent that it is difficult to take the body of the Defendant’s body.
② At the time of the instant case, the Defendant: (a) divided the body of the victim into the body of the victim; and (b) opened the body of the victim through the opening, closing, and opening the body of the victim from his own room through the opening, closing, and opening.
(3) The defendant who enters a victim's house shall be confined to a ward.