강간미수
The prosecution of this case is dismissed.
1. On September 8, 201, around 18:00, the Defendant visited the home of the victim D (the husband of the victim), who is located in Nasi-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, in order to capture E (the husband of the victim), but only the victim was married, reported that only the victim was married, and had the mind to commit rape.
피고인은 피해자를 인적이 드물어 다른 사람의 도움을 청하기 어려운 근처 야산으로 강제로 끌고 가, 발로 피해자의 정강이 부분을 수회 차 피해자의 반항을 억압한 후, 강제로 피해자의 옷을 벗기고 피해자의 가슴과 성기 부분을 핥고 피해자의 성기에 자신의 성기를 삽입하여 강간하려고 하였으나 술에 취하여 발기가 되지 않아 미수에 그쳤다.
2. In the case of this case falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), the prosecution may be instituted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act.
According to the written withdrawal of a complaint submitted by the victim to this court, the victim can be recognized as having withdrawn the complaint against the defendant on July 18, 2013, which was after the institution of the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.