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(영문) 대전지방법원 2013.03.29 2012고합781

준강간미수

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of this case was around 00:15 on September 12, 2012, the Defendant: (a) was authorized, at the main point of “D” operated by the Defendant in Daejeon Pungdong-gu, as the victim E (n, 37 years of age) who was a fluor, was the fluor in a tension where the fluor had the fluor and fluor in the inside of the withdrawingr, and (b) on the same day, the diving was tried to engage in sexual intercourse with the victim by taking advantage of the victim’s state of resistance, such as the victim’s fluor and fluoring the finger into the victim’s sexual intercourse; (c) however, the fluor did not go against the victim’s body and resisting the fluor.

2. We examine the judgment. The facts charged in the instant case are the crimes falling under Articles 300, 299, and 297 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act.

However, according to the written agreement on the preparation of the complainant submitted to this court, the complainant can recognize the fact that the complainant revoked the complaint on March 26, 2013, which was after the indictment of this case. Thus, the indictment of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.