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(영문) 광주지방법원 목포지원 2013.09.27 2013고단1278
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 24:00 on May 9, 2013, committed an indecent act by force against the victim, including: (a) the victim D (at the age of 22) who was aware of the conductivity within 502, the Defendant was able to be accommodated in the cel, curine B, and burged with the victim D (at the age of 22); (b) curging panty only into the victim’s inner part; and (c) hurging the victim into the victim’s inner part; and (d) continuing to be exempted from the victim’s upper part; and (e) burging the burg by inserting the hand into the inner part.

2. The facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012 and enforced as of June 19, 2013). Since the victim revoked the Defendant’s complaint on September 11, 2013, which is the date of the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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