Defendant

Prosecutor

The current state of prosecution, Kim Jong-chul (public trial)

Attorney Park Do-young (Korean)

Seoul Central District Court Decision 2012 High Court Decision 1603 Decided April 30, 2013

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

In this case, the principle that no accusation prescribed in Article 233 of the Criminal Procedure Act cannot be applied to the victim, since the victim filed a complaint on the facts constituting a special indecent act by force, which is an offense subject to victim's complaint, under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Special Cases Act"), and even if the effect of the complaint is determined on the basis of the established criminal facts before the indictment, the defendant alone committed the crime of indecent act by force, and thus, the revocation of the complaint against the non-indicted person does not affect the defendant).

2. The judgment of this Court

Even if the victim filed a complaint to the effect that the victim committed indecent acts by compulsion by force by the defendant and the non-indicted, the prosecutor's dismissal of the defendant on the ground that the first instance court's complaint was revoked on the ground that the victim's complaint was revoked by indecent act by force against the non-indicted who was filed as the defendant and the co-offender, and that the prosecutor did not regard the complaint as a special indecent act by force under Article 4 (2) of the Act on Special Cases Concerning the Punishment of Indecent Acts by force, and only prosecuted the charge of indecent act by force under the Criminal Act, and specified that there is no intent to amend the indictment after the victim's complaint was filed. In this case, the victim's withdrawal of the complaint can only be viewed as applying the principle of no charge of no charge of no charge of no charge of indecent act by force. However, even if the victim's statement that is controversial as a substitute for the victim's statement

3. Conclusion

Therefore, the Prosecutor’s appeal is not accepted under Article 364(4) of the Criminal Procedure Act (However, according to Article 25 of the Regulation on Criminal Procedure, Article 327 subparag. 5 of the Criminal Procedure Act is corrected to Article 327 subparag. 2 of the Criminal Procedure Act).

Judges Park Jong-dae (Presiding Judge)