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(영문) 수원지방법원 성남지원 2013.10.02 2013고단1192
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 22, 2013, at around 21:50, the Defendant committed an indecent act by force against the victim, such as: (a) drinking the victim E (the age of 24, female) who seed from female toilets in Gwangju City on the day before the restaurant; (b) towing the victim’s hand into the male toilet and towing the wall into the wall so as to make it difficult for the victim to commit indecent act; and (c) towing the victim’s chest into the wall by hand.

2. The facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon the victim’s complaint under Article 306 of the same Act. According to the records, the victim’s revocation of the complaint against the Defendant on September 23, 2013, which is after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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