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(영문) 창원지방법원 진주지원 2013.07.03 2013고단628
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is a university student who is the same as the victim and is a relative with the victim.

At around 03:00 on March 12, 2013, the Defendant committed an indecent act on the part of a woman by taking advantage of the state of her ability to resist, such as the victim E’s knife by inserting knife, a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. The facts charged in the instant case are crimes falling under Articles 299 and 298 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 2 of the Addenda to the Criminal Act and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the submitted agreement, the victim can recognize the fact that he cancels the complaint against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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