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(영문) 서울중앙지방법원 2014.04.30 2014고단1144
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a foreigner of Japanese nationality.

On February 8, 2013, at around 22:30, the Defendant committed an indecent act by force against the victim D (the age of 27), who is an employee of the Defendant, by inserting his hand between the instant victim D (the age of 27), who was an employee of the Defendant’s side in the first floor singing room located in Seocho-gu Seoul, Seocho-gu, Seoul.

2. The instant facts charged constitute a crime falling under Article 298 of the Criminal Act, which can be prosecuted only upon a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records of the instant case, the fact that the written withdrawal of the complaint against the Defendant was submitted on March 27, 2014, which was the date of the instant indictment, can be acknowledged. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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