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(영문) 수원지방법원 안양지원 2013.10.25 2013고정932
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the English instructor of the “C Teaching Institute” of the 8th floor of the Boyang-gu B building in Ansan-gu.

At around 17:30 on April 2, 2013, the Defendant committed an indecent act against the victim, such as: (a) the victim D (the age of 23) who is a prospective student to be enrolled in the office of the said C&A, was unable to study the victim’s transfer admission in English language immediately after the English language test; (b) was able to write the victim’s shoulder with his own hand; (c) was able to write down his shoulder; and (d) was able to write down his shoulder with his her two sons; and (e) was able to put the victim’s knife his body toward his her knife with his knife.

2. The facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a complaint under Article 306 of the same Act. According to the records, it can be acknowledged that D, the complainant, revoked the complaint against the Defendant on August 16, 2013, which was after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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