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(영문) 수원지방법원 안산지원 2014.03.28 2014고단234
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 03:00 on May 11, 2013, the Defendant found the victim E (the 22 years old and female) who was standing at the entrance of the first floor of the 'Dju shop' building in Bupyeong-si, Seocheon-si, Seoul, in order to walk up the male-gu, and forced the victim to commit an indecent act by force, such as rhythming the victim's head and left part of the victim's hand, while drunking the victim's head and left part of the building.

2. Determination is a crime falling under Article 298 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when a complaint is filed under Article 306 of the former Criminal Act. According to each of the records, withdrawal of a complaint filed in the records, and a certificate of the personal seal impression, the complainant can recognize the fact that the complaint was withdrawn against the defendant on March 5, 2014, which is after the institution of the instant case. Thus, the indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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