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(영문) 수원지방법원 성남지원 2013.06.19 2013고단810
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. From October 2012, the Defendant committed an indecent act against an unspecified female on the street, and repeatedly committed an act to interview an unspecified female’s body and display his or her sexual organ in the remaining Gyeonggi-gu, Gwangju-gu, with the content that he or she has fled.

On February 10, 2013, at around 22:30, the Defendant: (a) driven the CR car in the Gyeonggi-si, Gwangju-si, Gwangju-si, and parked the said vehicle on his own, and (b) parked the vehicle in the nearby area, and (c) 500 meters away.

At around 23:10 on the other hand, the Defendant saw the victim by using both arms in the right side of the victim's right side and forcedly committed an indecent act by force against the victim by saving the victim's resistance, saving the knive hand into the body of the victim, saving the victim's chests, saving the victim's chests into the body of the victim.

2. The facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act. According to the records, the facts that the victim revoked the Defendant’s complaint on June 19, 2013, which was after the prosecution of the instant case was instituted can be acknowledged. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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