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(영문) 전주지방법원 2014.04.10 2013고합227

준강간

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 19:30 on January 10, 2013, the Defendant: (a) went to the D restaurant located in Yancheon-gu, Yansan-si; (b) 4 side employees, including the victim E (the 34 years old), who discovered that the Defendant was drinking together with the victim E (the 34 years old) of the company where the branch was located; and (c) sent the same while drinking with the victim, etc.; and (d) the Defendant drinks the alcohol with the victim; and (c) the Defendant drank the alcohol continuously by moving the place to the F drinking house that the Defendant was frequently.

The Defendant, while drinking alcohol at the foregoing alcohol house, found the victims from female toilets and frightened to rape the victims, and she called “all employees,” and she went to go to the victim and to go to the house of the victims by drinking in the taxi, and brought the victims who were locked while drinking in the taxi.”

On January 11, 2013, the Defendant: (a) lost the mind of being drunk in the above Madern room; (b) laid off the victim in a state of failing to resist due to locked; (c) laid down the victim’s panty, and spanty; and (d) exceeded the victim’s panty; and (c) took one time off the victim’s panty; and (d) mixed the victim with sexual intercourse.

2. The facts charged in the instant case are crimes falling under Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act. According to the records, the facts that the victim revoked the Defendant’s complaint on March 26, 2014, which is after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.