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(영문) 부산지방법원 동부지원 2014.04.21 2013고정1281
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 10:00 on May 21, 2013, the Defendant committed an indecent act against the victim E (the age of 25) who was an emergency medical technician while receiving treatment due to a traffic accident at the D Hospital emergency room located in Silung City C, and was given treatment as a hand floor of the victim’s chest, clothes, and rhythm, and kym on three occasions.

2. The facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and may be prosecuted only when a victim files a complaint under Article 306 of the former Criminal Act.

However, on March 20, 2014, after the institution of the instant indictment, the victim submitted a written application with sufficient content to deem that he/she revoked the accusation (see Supreme Court Decision 2001Do6777, Jul. 12, 2002). Accordingly, the instant public prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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