준강간
The prosecution of this case is dismissed.
Around 10:00 on October 24, 2010, the Defendant found the victim F (here, 18 years of age) under the influence of alcohol in a non-fluoring place near the Eelel located in Busan, Jung-gu, Busan, and her desire to engage in sexual intercourse with the victim, leading the victim 509, taking advantage of the victim's state of impossibility to resist under the influence of alcohol.
Judgment
The facts charged in the instant case are crimes 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 pursuant to Article 306 of the former Criminal Act. According to the agreement and written withdrawal of complaint submitted to this court, the complainant F can be acknowledged as the fact of revoking the Defendant’s complaint on September 10, 2013, after the institution of the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.