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(영문) 서울북부지방법원 2013.04.10 2013고단258
강제추행등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. At around 02:10 on January 13, 2013, the Defendant committed an indecent act by compulsion by force against the victim, such as: (a) the Defendant, while waiting for the seat of the crosswalk of the C hotel building in Dongdaemun-gu Seoul Metropolitan Government, expecting her head to the shoulder of the victim D (in female, 53 years of age) who was waiting for the seat; and (b) continuously her sparing the victim as the victim continued to be faced by the her seat.

B. The Defendant assaulted the victim, i.e., the victim E (ma, 51 years of age) who was a witness of the above D when and at the same time and place as above, committed an assault on the ground that the victim E (ma, 51 years of age), who was the witness of the above D, resisted the Defendant’s behavior and resisted the Defendant’s behavior.

C. At around 03:30 on the same day, the Defendant found the Defendant’s cell phone at the Seoul Eastdong Police Station’s Criminal Service Division located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 229, and seven persons who were investigated in different cases from the above D and E, and the Defendant found the Defendant’s cell phone during the waiting room after arresting the Defendant in the act as above, and found the Defendant’s cell phone during the air room, and avoided the disturbance, and the Defendant and the police officers G of the Republic of Korea who were affiliated with the Defendant (“the Defendant”) raised the Defendant’s cell phone for 200 minutes by stating that the Defendant “the Defendant was sexual indecent act, i.e., waste mos, public officials of the Republic of Korea, and the Korean police mos.”

2. Of the facts charged in the instant case, an indecent act by compulsion is a crime falling under Article 298 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 306 of the Criminal Act. The assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. The insult is a crime falling under Article 311 of the Criminal Act and requires the victim’s complaint.

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