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(영문) 수원지방법원 2013.12.06 2013고단4449
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 00:00 on February 10, 2013, the Defendant drinking alcohol at “D’s drinking house near A, E (n, 17 years old), and the victim’s friendship F, and her friendly drinking together, followed the Defendant’s drinking on February 10, 2013, following the Defendant’s drinking, around 05:00 and around 05:00 on February 10, 2013, the Defendant went to the Defendant’s house located in Suwon-gu G apartment 418 1201.

After drinking alcoholic beverages together with them at the same place, at around 19:33 on the same day, the Defendant went to the room of the Defendant, and sought diving from the bed, and the Defendant forced the victim to commit an indecent act by force by taking the victim's hand by enjoying the victim's hand back to the victim, carrying the victim's hand into the victim's clothes, putting the victim's chest into the victim's chest.

2. We examine the judgment. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the cancellation of the complaint filed in the records and the written agreement, the victim can recognize the fact that the complaint was revoked against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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