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(영문) 의정부지방법원 2013.06.20 2012고정3158
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 10, 2012, the Defendant: (a) discovered the victim E (at least 30 years of age) in a way behind the Damar in Mamar in Mamar, the Government-si around 04:25 on August 10, 2012; (b) discovered the victim E; (c) followed the victim at the mind that the victim would be her her am, and (d) described the victim’s right am on the victim’s right am with the victim’s hand, and then came to use the victim’s right am on the floor below.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The instant facts charged constitute an offense falling under Article 298 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the statement on withdrawal of a complaint filed in the trial record, the victim’s withdrawal of a complaint against the Defendant on June 17, 2013, which is the date of institution of the instant prosecution, can be recognized. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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