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(영문) 서울동부지방법원 2013.12.13 2013고단1960
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On May 2013, the Defendant committed the crime at the end of 19:00 as of May 2013, 2013, and committed an indecent act by force against the victim D (man, 28 years of age) in Songpa-gu Seoul Metropolitan Government EmF store where he/she works as an employee, with the victim’s desire to commit an indecent act against the female.

B. On June 13, 2013, the Defendant committed the crime on June 13, 2013, at the same place around 19:00, accessed the victim with the mind of forcing the same victim to commit an indecent act, thereby committing an indecent act by force against the victim by her hand.

2. Each of the facts charged in the instant case is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012 and enforced as of June 19, 2013) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act. Since the victim revoked the Defendant’s complaint on November 23, 2013, which is the date of the instant indictment, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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