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(영문) 인천지방법원 부천지원 2013.04.12 2013고정345
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On October 20, 2012, the Defendant: (a) around 23:27, 2012, committed an indecent act by force against the victim’s chest in front of the 410-dong entrance building B, Seocheon-gu, Seocheon-gu; (b) had the victim her mind to force indecent act by force; and (c) had the victim her breast in front of the 410-dong entrance.

B. On November 16, 2012, around 23:40 on November 16, 2012, the Defendant committed an indecent act by force against the victim E (the age of 27) in front of the 116 suspender of the building D, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, by eating the victim E (the age of 27) in a way to force indecent act.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 298 of the Criminal Act, which fall under Article 298 of the same Act and can be prosecuted only upon a victim's complaint pursuant to Article 306 of the same Act. According to each "written withdrawal of complaint" recorded in the trial records, the victim C on February 22, 2013 and the victim E on February 25, 2013 after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and it is so decided as per Disposition.

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