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(영문) 서울중앙지방법원 2013.05.08 2013고단256
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 25, 2012, the Defendant: (a) around 23:05 on November 25, 2012, when drinking alcohol as a club in Dongjak-gu Seoul Metropolitan Government C head office, francing alcohol into a club; (b) Handphones of the victim D (age 22) in order to ask the victim, and (c) in order to bring the Handphone, the Defendant committed an indecent act by force on the victim’s hand.

2. The above facts charged are crimes falling under Article 298 of the Criminal Act and can be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act.

According to the written agreement on the preparation of the victim submitted to this Court on May 3, 2013, the victim is recognized to have cancelled the complaint against the defendant after the public prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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

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