준강간
The prosecution of this case is dismissed.
1. On January 3, 2012, around 05:00, the summary of the facts charged in the instant case: (a) the Defendant, at the alcohol house called “D” located in Gwangju-si, was aware of the Defendant’s previous female-friendly job offers E, the victim F (18 years old, female), and the Defendant’s friendly G to drink the victim under the influence of alcohol; and (b) the G was aware that the victim and the victim were accommodated in the Hemotoel 501 near it.
At around 06:30 on the same day, the Defendant entered the above telecom 501, reported that G was scam in a sofion, and was off the victim’s scam and clothes by taking advantage of the victim’s non-scamable condition, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim.
2. We examine the judgment. The facts charged in the instant case constitute a crime falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act. According to the records, the victim may be found to have declared his/her intent to revoke the Defendant’s complaint on September 6, 2013, which is after the institution of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.