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(영문) 인천지방법원 부천지원 2014.04.09 2013고단3380
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 02:00 on May 24, 2013, the Defendant committed an indecent act by force against the victim E (a woman, 22 years of age) by taking a bath to the victim E (a woman, 22 years of age) in a club operated temporarily during the festival period within the Jeju-si D University playground located in Seocheon-si, Seocheon-si, Seoul.

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and a certificate of the personal seal impression, the complainant can recognize the fact that the complaint was withdrawn against the defendant on March 31, 2014, which is after the institution of the instant case.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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