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(영문) 수원지방법원 성남지원 2013.08.13 2013고합141

준강간

Text

The prosecution of this case is dismissed.

Reasons

1. On May 12, 2013, the Defendant: (a) around 06:11 on May 12, 2013, the Defendant parked a taxi in front of the G Real Estate On-Road Parking Lots located in the Jung-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City (the age of 36, female) with passengers, while the victim was under the influence of alcohol; and (b) around 07:06 on May 12, 2013, the Defendant parked a taxi in the front of the G Real Estate On-Road Parking Lots located in F in the Jung-gu Seoul Special Metropolitan City, Jung-gu

Under the influence of alcohol, the Defendant, on the part of the victim who was unable to drive a mind, placed the victim E on the part of the International Inn't room 203 in the Gyeonggi-gu, Sungnam-gu, G, and placed the victim's clothes on the bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's bel's

2. The facts charged in the instant case are crimes falling under Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act. According to the records, the victim E can be acknowledged the facts of expressing his/her intent to revoke the Defendant’s complaint on June 25, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.