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(영문) 수원지방법원 성남지원 2013.06.18 2013고합96

강간

Text

The prosecution of this case is dismissed.

Reasons

1. From around 14:00 on March 4, 2013 to around 15:00 on the same day, the Defendant divided the victim’s body D (n, 19 years of age) with the victim’s body and 2 disease together with the victim, and tried to commit rape against the victim after drinking TV, drawn the victim’s shoulder with one hand, drawn the victim’s shoulder part into one hand, cut off the victim’s shoulder part into that part, put the victim’s shoulder on the floor by force, putting the victim’s body into the victim’s body, pushed the body of the defendant’s body with his hand and her body towards 15:00 on the same day, and prevented the victim from having sexual intercourse with the victim’s body and her body so that the victim’s body and her body can not be separated into the victim’s chest and her chest. The Defendant left the victim’s chest and her chest, she did not cut off the victim’s chest and her chest.

2. The facts charged of this case constitute a crime falling under Article 297 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the same Act. According to the records, the victim D can be acknowledged on June 3, 2013, which is after the prosecution of this case, as the defendant expressed his/her intent to cancel the complaint against the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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