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(영문) 인천지방법원 2013.09.12 2013고합313
강제추행
Text

The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

On April 16, 2013, at around 22:30, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) discovered the Victim F (the age of 25) who passed the front of the Enonob bank in the Southern-gu Incheon Metropolitan City.

The Defendant, followed up to the victim, she included the victim's own deficit in the part of the victim's bet, and committed an indecent act by force against the victim by deceiving the victim's sexual flag and her maret.

On October 28, 2009, the Defendant was issued a summary order of a fine of three million won for the crime of indecent act by force by force by force by the Incheon District Court. As above, the Defendant committed two or more sexual crimes by force by force by force by force by force. In full view of the background, place, method, etc. of the crime in the above two cases, the risk of recidivism of sexual crimes is very high.

The facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when the victim files an accusation pursuant to Article 306 of the same Act. According to the records, the victim expressed his/her intention to revoke his/her complaint against the Defendant on August 30, 2013, which was after the prosecution of the instant case, and the revocation of complaint containing his/her expression of intent can be recognized as having been submitted to this court on September 2, 2013. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

As seen earlier, the judgment dismissing the charges of this case regarding the instant case’s case’s request for attachment order is dismissed. As such, the request for attachment order of this case is dismissed pursuant to Article 9(4)2 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.

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