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(영문) 서울중앙지방법원 2013.08.16 2013고단3773
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 22, 2013, at around 01:10, the Defendant committed an indecent act by taking advantage of a state of resistance, such as making the victim C (at the age of 29) seated after the vehicle under the influence of alcohol, and making it clear that the victim C (at the age of 29) was able to sit after the vehicle under the influence of alcohol.

2. The above facts charged constitute Articles 299 and 298 of the Criminal Act, and the prosecution may be instituted only when the victim files a complaint pursuant to Article 306 of the Criminal Act.

On July 1, 2013, the victim C submitted to this court an agreement containing the contents of withdrawal of a complaint.

Therefore, since the victim revoked the complaint against the defendant after filing the prosecution of this case, the prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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