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(영문) 서울남부지방법원 2013.11.01 2013고단2955
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. On June 18, 2013, at around 07:40, the Defendant committed an indecent act against the victim on the front-time car of the public transportation vehicle, by closely sticking to the victim D (V, age 26) who was located in the subway line 9 line located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, after operating the subway line 9 line in the direction of the new debate station.

2. The facts charged in the instant case with respect to which the dismissal of prosecution is dismissed is with respect to a crime falling under Article 11 of the former Act on Special Cases Concerning the Punishment of Sexual Crimes, Etc. (amended by Act No. 11556, Dec. 18, 2012; and enforced June 19, 2013), and may be prosecuted only upon a complaint filed under Article 15 of the same Act.

According to the records, it can be recognized that the victim D has withdrawn the complaint on October 30, 2013. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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