준강간
The prosecution of this case is dismissed.
1. On February 25, 2013, the Defendant, while operating a taxi at around 22:30 on February 25, 2013, knew that the victim C (the 29-year-old age), who boarded as a customer, was under the influence of alcohol and was unable to resist, and had the victim engage in sexual intercourse.
Around 23:50 on February 25, 2013, the Defendant: (a) laid down the victim at the “EMel” located in Seo-gu, Seo-gu, Gwangju; (b) laid down the victim on a bed; (c) laid down the victim on a bed; and (d) laid off the body of the victim’s body; and (d) laid down the victim’s sexual organ into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim's failure to resist.
2. In the case of this case falling under Articles 299 and 297 of the Criminal Act, a public prosecution may be instituted only upon the complaint of the victim under Article 306 of the Criminal Act.
According to the written withdrawal of a complaint submitted by C to this Court, the victim C can be recognized as the revocation of the complaint against the Defendant on April 15, 2013, which was after the instant indictment was instituted by C.
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.