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1. The judgment below is reversed.
2. The prosecution of this case is dismissed.
Reasons
1. The gist of the grounds for appeal is that the case is prosecuted only upon the victim’s complaint. As the complainant revoked the complaint on September 10, 2013, which was prior to the rendering of the judgment of the court of first instance, the prosecution of this case shall be dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.
Nevertheless, the court below found Defendant guilty. In so doing, the court below erred by misapprehending the legal principles as to an offense subject to victim's complaint, which affected the conclusion of the judgment.
2. The summary of the facts charged is that the Defendant is a person running Chop in the area of the Sosan-si, the U.S. (Y, 20 years of age) and the victim D (Y, 20 years of age) was an employee.
At around 01:30 on May 18, 2013, the Defendant called “the Defendant will move to his house” to the victim, and operated the said car to stop the said car at the parking lot in the Yasan-si, Yasan-si, Yasan-si, Yasan-si, and talk with the victim, and forced the victim to go against the Defendant’s shoulder.
Accordingly, the Defendant committed an indecent act on the part of the victim.
3. If the victim submitted a written agreement to the effect that "if the victim has agreed with the perpetrator about the whole of the case, the victim shall not be held liable for any civil or criminal liability related to the case," after the victim reached an agreement with the perpetrator, it is reasonable to deem that the victim has cancelled the complaint by submitting the above written agreement, barring any special circumstance.
(See Supreme Court Decision 2001Do6777 Decided July 12, 2002). The facts charged in this case are crimes falling under Article 298 of the Criminal Act and Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) which can be prosecuted only upon a complaint of the victim.