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(영문) 부산지방법원 2013.03.15 2012고합1236

준강간

Text

The prosecution of this case is dismissed.

Reasons

At around 00:30 on August 16, 2012, the Defendant: (a) promised the victim D (the age of 21) and the victim D (the age of 21) who became aware of through a hosting site, to act on behalf of the victim under a minor condition of 100,000 won; and (b) promised the victim to act on behalf of the victim on behalf of the victim; (c) the victim was able to act on behalf of the victim at the Esing place located in the Esing place near the Maan Bathing Beach and play together with the victim.

The Defendant, while having been sob, had the victim had the mind to rape the victim in the vehicle of the Defendant under the influence of alcohol at around 02:25 on the same day, was placed on the victim under the Gangseo-gu Busan Metropolitan City Felel 507, left the victim, her bet the victim’s panty, walked the victim’s panty, exceeded her panty, and had sexual intercourse by inserting the sex into the part of the victim’s panty.

The Defendant had sexual intercourse once with the victim under the influence of alcohol, who was unable to resist.

Judgment

In this regard, the facts charged in this case are crimes falling under Article 299 of the Criminal Act, which can be prosecuted only upon the victim's complaint under Article 306 of the Criminal Act. According to the statement of withdrawal of complaint submitted to this court, the complainant D can acknowledge the fact that the defendant revoked the complaint on March 5, 2013, which is after the institution of the prosecution in this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.