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(영문) 창원지방법원 진주지원 2013.05.09 2012고단1816
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who works as the chief of the official affairs of the C Company in Scheon-si, and instructs and supervises the victims as the employees of the victim D, who are the employees in charge of the said Company.

On May 2, 2012, at around 14:30 on May 2, 2012, the Defendant committed an indecent act by force against the victim by force on the part of the office of the above C&C with the mind that the accounting staff would force the victim to force the indecent act by force. As can be seen, the Defendant was able to write down the victim’s losses and use the victim’s shoulders and arms.

B. From May 23, 2012 to 14:30 on May 25, 2012, the Defendant: (a) committed an indecent act against the said victim’s D at the male accommodation of the said C company; (b) led the victim by forcing the victim to commit an indecent act; (c) forced the victim to raise the victim’s name and brogate to the victim; (d) led the victim’s chest to several times; and (e) committed an indecent act by force against the victim by forcing the victim to commit an indecent act by force on business.

C. On May 29, 2012, around 14:30 on May 29, 2012, the Defendant: (a) committed an indecent act by forcing the said victim D at the office of the said C company; (b) forced the victim to sit on knee knee knee on the knee knee knee kne; (c) kid the victim’s chest, fel, leg, etc. with her hand, and committed an indecent act by force

2. The above facts charged are crimes falling under Article 10(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11731, Apr. 5, 2013) and can be prosecuted only when the victim files a complaint pursuant to Article 15 of the same Act. According to the records, the victim’s withdrawal of the complaint against the defendant on May 7, 2013, which is after the prosecution of this case, is recognized, and the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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