강간미수
The prosecution of this case is dismissed.
1. On July 4, 2012, at around 23:30 on July 4, 2012, the Defendant: (a) laid down a shoulder of the victim E (the 42 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, leaving the victim’s neck above her bed; (b) prevented the victim from resisting the victim’s bridge on the victim’s bridge; and (c) attempted to rape the victim; (d) however, the Defendant did not commit an attempted crime without having the victim go out of the guest room.
2. The facts charged in the instant case are crimes falling under Articles 300 and 297 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 306 of the Criminal Act. According to the statement on withdrawal of a complaint filed in the records, the facts that the victim revoked the complaint against the Defendant on April 25, 2013, which was after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.