준강간
The prosecution of this case is dismissed.
1. On September 23, 2012, the Defendant: (a) around 01:00, the Defendant: (b) was in a state that the victim C (n, 30 years of age) was fluored to the extent that the body and the body of the body are not properly accumulated; (c) was deprived of the victim’s residence in Gyeongnam-gun D (hereinafter referred to as “detailed address omitted); (d) was laid off the victim from the bed inside the bed; and (e) was raped by having the victim off all the clothes and clothes of the victim; and (e) was sexual intercourse once.
Accordingly, the defendant raped the victim by taking advantage of the state of mental disorder of the victim.
2. We examine the judgment. This is a crime falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Criminal Act”) and can be prosecuted only upon a victim’s complaint under Article 306 of the former Criminal Act. According to the written agreement (cancellation of a complaint) bound in the trial record, the victim’s withdrawal of the complaint against the Defendant on November 8, 2013, which is the date of the prosecution of this case, can be acknowledged.
Thus, the above facts charged constitute a case where a public prosecution can be instituted only upon a complaint, and thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.