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(영문) 서울서부지방법원 2013.10.02 2013고단2035
강제추행
Text

Defendant

B shall be punished by a fine of KRW 2,000,000.

Defendant

B If the above fine is not paid, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

B around April 24, 2013, around 22:10, at the “D key point” located under the Eunpyeong-gu Seoul Metropolitan Government Underground, the Defendant Happed committed an indecent act against the victim E, and the victim kiddd the victim A’s face, and kidd the beer’s disease on the table was placed in the victim’s head, and the victim suffered injury, such as brain salvin, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. On April 24, 2013, Defendant A, at around 22:10, committed an indecent act against the victim by reporting the victim E (e.g., 42 years old) who was seated on the side tables during the stage while having danced at the stage and having returned to a job. Defendant A, in his/her hands, committed an indecent act against the victim by making two chests of the victim one time.

2. However, the facts charged in the instant case constitute 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.

However, according to the records, the victim's withdrawal of the complaint against the defendant after the prosecution of this case is recognized, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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