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(영문) 의정부지방법원 2013.04.04 2013고단402
성폭력범죄의처벌등에관한특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 19:00 on February 3, 2013, the Defendant committed an indecent act against the victim in means of public transportation for about 30 minutes, such as the victim F (n, 21 years old) who was aboard the bus in the above bus and was going to a bus stop near the E Hospital in Southyang-si, Namyang-si, the bus stops around the rest of the C stop. On February 3, 2013, the Defendant: (a) followed the victim F (n, 21 years old); (b) the victim’s her body was pushed off; and (c) the victim’s her sexual intercourse was frightened; and (d) the victim’s her sexual intercourse was frightened.

2. The above facts charged constitute an offense falling under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which can be prosecuted only when the victim files a complaint pursuant to Article 15 of the same Act. According to the written withdrawal of a complaint filed in this court, it can be acknowledged that the victim withdraws the complaint against the Defendant on March 15, 2013, which was after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act

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