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(영문) 창원지방법원 2013.07.18 2013노495
강제추행
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. According to the Defendant’s written statement of grounds of appeal, the Defendant’s failure to submit the written statement of grounds of appeal within the period for filing the written statement of grounds of appeal, even if the Defendant was served by the court on March 27, 2013.

2. An ex officio determination, however, the appellate court may decide ex officio on the grounds that affected the judgment (Article 364(2) of the Criminal Procedure Act), even if the grounds for appeal are not included in the grounds for appeal (Article 364(2) of the Criminal Procedure Act). The crime of indecent act by compulsion falls under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), and if a written agreement was submitted to the effect that the victim's accusation may be instituted only upon the victim's complaint under Article 306 of the former Criminal Act, and that the victim's consent would disrupt the disposition against the defendant, this shall be deemed to have been revoked (see, e.g., Supreme Court Decision 81Do1171, Nov. 10, 1981). According to the records, the court below's dismissal of the charge by submitting a written agreement to the court below on February 19, 2013.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Public Prosecution Rejection Parts

1. On November 10, 2012, the Defendant charged with the charge: (a) on a DNA point operated by the Victim C (FF) at C (FF) at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at 57 at his/her own will, and (b) on a breast.

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