At around 07:40 on May 23, 2013, the Defendant had sexual intercourse once by inserting the Defendant’s sexual organ into the victim E (here, 22 years of age) who had been locked at the above 203, with the intention of having sexual intercourse with the Defendant’s sexual organ in the victim’s sexual organ.

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 under Article 306 of the former Criminal Act. According to the written agreement submitted to this court, E, the complainant, can acknowledge the fact of revoking the Defendant's complaint on July 30, 2013, which is 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.