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(영문) 인천지방법원 2013.11.14 2013고단4396
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 15, 2013, at around 18:50 on June 15, 2013, the Defendant discovered that the victim D (V, 66 years old) was boarding a bus and passed ahead of the Defendant sited on the bus, and that the victim’s sexual organ part of the victim was indecently committed by force against the victim due to a finger-off going outside the bus.

2. We examine the judgment. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the written agreement compiled in the records, the victim can be recognized as having withdrawn the complaint against the defendant on November 12, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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