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(영문) 부산지방법원 2014.04.30 2013고단5566
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. On March 11, 2013, at around 10:25, the Defendant: (a) discovered the victim C (the age of 65) who was seated at the end of the ordinary seat of the train No. 6 and was locking at the end of the passenger seat; and (b) pushed the victim’s body on the back of the seat metal; and (c) pushed the victim’s body on the back of the seat metal; (d) caused the victim’s right shoulder and the victim’s body by taking the victim’s sexual organ so that white powder can be discharged from the chest on the chest, the Defendant committed an indecent act on the part of the means of public transportation.

2. The facts charged in the instant case are crimes falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and may be prosecuted only when a victim files a complaint under Article 15 of the same Act.

However, according to the records, the victim's withdrawal of the complaint against the defendant on April 23, 2014, which was after the prosecution of this case, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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