강간미수
The prosecution of this case is dismissed.
1. The summary of the facts charged is as follows: (a) around 04:00 on April 2, 2013, the Defendant: (b) proposed that the victim D (the 24-year old age) who was born from the university, to return to the Republic of Korea; (c) but the victim refused and attempted to leave the Defendant’s proposal; (d) attempted to refuse the Defendant’s proposal; (e) to leave the victim’s hand by hand; and (e) to leave the victim’s hand on the part of the victim’s body; and (e) prevented the victim from getting out of the victim’s head; (d) forced the victim from getting out of the victim’s body; and (e) forced the victim from leaving the victim’s body into the back of the victim’s body; and (e) attempted to rape the victim; and (e) failed to have the victim resist the victim’s body continuously resisted, but the victim failed to commit rape.
2. The facts charged in the instant case are the crimes falling under Articles 300 and 297 of the Criminal Act, which can be prosecuted only upon the complaint of the victim under Article 306 of the Criminal Act.
According to the written withdrawal of complaint filed by the victim D, which was bound in the trial records of this case, the victim D can recognize the fact that the defendant revoked the complaint on May 13, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.