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(영문) 울산지방법원 2013.05.02 2013고단1694
준강제추행
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is that the defendant lives at a soup making soup of Ulsan-gu Crying, and the women who are customers were able to commit an indecent act while they locked.

1. On February 2013, the Defendant committed an indecent act against the victim, who was divingd within a so set soup and soup on the fourth anniversary of the above C4th century, by discovering the victim D (the age of 33) and making it possible to resist the victim’s arms on his/her hand.

2. On February 2013, the Defendant committed an indecent act against the victim, who was unable to resist with the victim, by discovering the aforementioned D (33 years of age) set aside within a sobrying soup, which was set aside within the sobato bank of the above C4th century, and by taking it back next to it, rhuming the victim’s side interest, etc.

3. On April 8, 2013, from around 01:00 on the same day to around 01:30 on the same day, the Defendant discovered the victim E (here, 24 years old) who was divingd in the above C 4th floor soup passage, and committed an indecent act against the victim in a situation where he/she was unable to resist by taking the part of the victim’s sound and her knick, her part after the victim, etc.

Judgment

Each of the facts charged in the instant case is a crime falling under Article 298 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the same Act (the foregoing provision was deleted by Act No. 11574, Dec. 18, 2012, but is enforced from June 19, 2013). According to the records of the instant case, the victim D and E can be recognized as having withdrawn each of the charges against the Defendant on April 27, 2013 or around April 29, 2013, which is the date of the instant indictment. Thus, all of the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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