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(영문) 서울중앙지방법원 2013.04.30 2012고정1603
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 12, 2011, the Defendant: (a) around 12:30 on November 12, 201, the charge was committed by the Defendant on the part of the victim E (the 20-year-old-old-old-old-old-gu Seoul Metropolitan Government) who was seated above the 3rd floor of the D entertainment bars underground in Gangnam-gu, Seoul, and talked about the victim’s distribution.

2. The facts charged of this case are crimes falling under Article 298 of the Criminal Act and can be prosecuted only when the victim's complaint is filed pursuant to Article 306 of the same Act. According to the records, the victim can recognize the fact that the victim revoked the complaint against F in relation to the defendant and accomplice on February 16, 2012, prior to the prosecution of this case. The effect of revocation of the complaint is against the defendant, who is F's accomplice, pursuant to Article 233 of the Criminal Procedure Act. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5

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