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(영문) 대전지방법원 2014.01.08 2013고단3416
강제추행등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On June 18, 2013, the Defendant: (a) discovered the victim B (the 54 years old), tried to use the victim in his arms, and attempted to keep the victim forcedly; (b) the victim called “Is to go to go to her, I would like to go to her.” (the 54 years old); and (c) the Defendant tried to go to her to go to her to frith in the way of pushing ahead with the Defendant, and (d) tried to go to go to her arms, and then the Defendant tried to go to go to her arms and forced him to go to go to her.

B. While the Defendant committed an indecent act against the victim as referred to in the preceding paragraph at the date, time, place, and place under the preceding paragraph, the Defendant publicly insulting the victim by openly insulting the victim with the large voice of “the victim is only fluent,” at the victim’s place where the victim was crypted with the victim, such as a flusium.

2. Of the facts charged in the instant case, the charge of indecent act by compulsion is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and is subject to the victim’s accusation under Article 306 of the same Act. The insult is a crime falling under Article 311 of the Criminal Act and is subject to the victim’s complaint under Article 312(1) of the same Act. According to the written withdrawal of the complaint filed in the trial record, the victim B expressed his/her intent to revoke the Defendant’s complaint on November 27, 2013, which is the date of the prosecution of the instant case, and thus, the prosecution of the instant case is dismissed under Article 327 subparag. 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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