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(영문) 부산지방법원 2013.11.06 2013고단2602
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 15, 2013, the Defendant: (a) around 08:10 on April 15, 2013, at the 3rd restaurant of “Diplomatic Association” located in Busan Dong-gu, Busan; (b) on the part of the victim E (V, the age of 36) with intellectual disability 3, considered that the victim E (the age of 36) performed cremation to open a church campground; and (c) made indecent acts by compulsion of the victim by force, such as using humbling the victim’s chest.

2. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records, the victim can be recognized as having withdrawn the complaint against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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