The prosecution of this case is dismissed.

1. 공소사실 피고인은 2013. 6. 16. 05:40경부터 같은 날 05:50경까지 사이에 경기도 동두천시 C 소재 D 찜질방 2층 복도에서, 남자친구와 찜질복(반팔과 반바지)을 입은 채 잠들어 있는 피해자 E(여, 24세)를 발견하고 그녀의 발끝 쪽으로 접근해 종아리 부위에서부터 허벅지 그리고 음부 부위를 혀로 핥았다.

As a result, the Defendant committed soup and so on, the Defendant committed an indecent act against the victim at the soup and so on.

2. However, the facts charged in the instant case are those committed before the enforcement of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012, and enforced June 19, 2013). As such, Article 9 of the Addenda to the same Act is applicable, and thus, a public prosecution may be instituted only upon a victim’s complaint pursuant to Articles 15 and 11 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) that was enforced at the time of the commission of the crime.

However, according to the agreement and the written application for non-prosecution of punishment, the complainant E is recognized on September 24, 2013, which was after the prosecution of this case.

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