준강간
The prosecution of this case is dismissed.
1. The summary of the facts charged is that, around 08:00 on September 1, 2012, the Defendant: (a) at the mutual influenite conference located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) at the Internet game club of the Internet game club of “D”, the victim E (V, 30 years of age) first dumped in a bed and dumped in a bed; and (c) was sexual intercourse with the victim’s subordinate and clothes off once.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist.
2. The instant facts charged are cases falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only upon a victim’s complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 306 of the former Criminal Act.
However, according to the records of the withdrawal of a complaint filed in the records of trial, the victim can be found to have withdrawn the complaint against the defendant on April 17, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.