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(영문) 의정부지방법원 2013.07.15 2013고정757
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. At around 22:00 on June 29, 2012, the Defendant: (a) 22:00, the Defendant: (b) pushed down the victim C et al. and rhumbbbbbs in the cresh of passengers concentrated in the subway 7 lines located in the Daegu-dong, Gwangjin-gu, Seoul; (c) and (d) boomed the victim C et al. after the victim C et al.

Accordingly, the victim C was able to write off the victim D's bucks by the victim's side to another place, and then the victim D's bucks were rhyd.

The Defendant committed an indecent act against the victims on the electric vehicle, which is a means of public transportation, for about ten minutes until he arrives at the same route.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012) and can be prosecuted only when the victim files a complaint under Article 15 of the same Act. According to the records, the victim C and D are recognized to have withdrawn each complaint against the Defendant around July 8, 2013, which is after the public prosecution in the instant case was instituted. Thus, the prosecution in the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and it is so decided as per Disposition.

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