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(영문) 춘천지방법원 2013.07.16 2013고정382
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who serves as safety management personnel belonging to Hongcheon-gun, Hongcheon-gun, the Defendant of the facts charged.

On March 5, 2013, at around 04:00, the Defendant 1119 of the Mplflue B of the above B building, and she drinked with the victim D (n, 21 years old), etc., who had been educated at work, and went through a small room by drinking so that the victim was able to commit an indecent act against the locked, and she was frighted with the victim by drinking, drinking, drinking, drinking, and drinking, and indecent act against the victim by taking advantage of the victim’s state of refusal to resist.

2. According to Article 306 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012), the facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only upon a victim’s complaint. According to the written withdrawal of a complaint filed in the records of the instant case, the fact that the victim revoked the Defendant’s complaint on or around July 15, 2013, which was the date the public prosecution of the instant case was instituted, can be acknowledged. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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

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