강간미수
The prosecution of this case is dismissed.
1. The summary of the facts charged: (a) around 16:00 on December 29, 2012, the Defendant: (b) caused food to “E” operated by the victim D (the age of 61) in the north-gu, Mapo-si; (c) however, the Defendant attempted to commit rape in the victim as the customer did not have any way and discovered that the victim was married in the room; (d) “the victim was able to engage in rape once” and “the victim was able to do so.” (d) The Defendant covered the victim’s face with two sons covered by the victim; (e) divided the victim’s face into five minutes; (e) sealed the victim’s resistance, putting the victim’s fingers into the victim’s panty; (e) 2:3 times or more; and (e) rape the victim by taking the victim’s sexual flag into his panty; and (e) reported the victim’s attempted rape.
2. The instant facts charged prior to the amendment by Act No. 11574, Dec. 18, 2012
(a) The same shall apply;
The crimes falling under Articles 300 and 297 are those which can be prosecuted only upon the complaint of the victim under Article 306 of the former Criminal Code.
According to the written agreement written by the victim D, which was bound in the trial records, the complainant, may recognize the fact that the complainant expressed his/her intention not to punish the defendant on June 24, 2013, which was the date of the prosecution of this case, to the effect that the complaint against the defendant is revoked. According to the above facts of recognition, the facts charged of this case constitute the cancellation of complaint against the case which can be prosecuted only upon the complaint of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.