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(영문) 서울중앙지방법원 2013.07.26 2013고정2304
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, from January 29, 2013 to around 00:30 on the same day, committed an indecent act against the victim at a public densely-populated place by making knee and bucks in the victim B (the age of 18) who was seated on the left side of the previous vehicle while getting on the train of subway 2 along the subway train from the subway station to Samsung Station.

2. Determination and conclusion of the instant facts charged are crimes falling under Article 11 of the former 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 a victim files a complaint pursuant to Article 15 of the same Act. According to the records of the instant case, it can be acknowledged that the victim revokes the Defendant’s complaint on July 15, 2013, which is the date of the instant indictment. Thus, the instant facts charged are dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, and it is so decided as per Disposition.

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