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(영문) 인천지방법원 2014.04.24 2013고단7326
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 25, 2013, the Defendant: (a) around 01:40 on May 25, 2013, committed an indecent act against the victim E (influence, 24 years old); (b) reported the victim E (influence, 24 years old); and (c) made the victim knickly with his arms to commit an indecent act against the victim in line with the victim’s entry under the influence of alcohol.

2. The instant facts charged constitute a crime falling under Article 298 of the Criminal Act, which can be prosecuted only upon a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records of the instant case, on March 21, 2014, which was the date of the instant indictment, the submission of a letter of revocation of the complaint and a written agreement that the victim would revoke the complaint against the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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