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All of the prosecutions of this case are dismissed.
Reasons
1. The facts charged in this case
A. The Defendant, at around 01:00 on May 27, 2013, in line with the victim C’s daily behavior at a week located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, while drinking alcohol at a nearby drinking house along with the said victim’s daily behavior.
On May 27, 2013, at around 07:00, the Defendant committed an indecent act by force against the Defendant’s car parked on the front road of Bupyeong-gu Incheon Metropolitan City, which was “the victim”, “the victim”, and the victim’s chest by hand.
B. Around 07:00 on May 27, 2013, the Defendant used the Defendant’s car parked on the road in front of the Incheon Bupyeong-gu, Incheon, as set forth in paragraph 1, “The Defendant forced the Victim C to commit an indecent act,” and assaulted the Victim by continuously cutting the Victim’s arms by putting the Defendant’s hand on, refusing, and resisting the Defendant’s hand. However, the Defendant opened the victim’s door from the vehicle, “I am off, am off, am off, am off, I am off,” and “I am off, I am off, I am off, I am off, I am.”
2. Of the facts charged in the instant case, an indecent act by compulsion is a crime falling under Article 298 of the Criminal Act and can be prosecuted only when a criminal complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). The facts of assault are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.
However, according to the records of this case, it can be acknowledged that the victim's complaint regarding indecent acts by compulsion was cancelled on November 8, 2013, which was after the institution of the prosecution of this case, and the victim expressed his/her intention not to be punished for assault. Thus, all of the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.