준강간
The prosecution of this case is dismissed.
1. The summary of the facts charged was around April 23, 2013 at the main point of “D” located in Daejeon Seo-gu Daejeon, Daejeon, where the victim E (the victim 23 years of age) who is an employee drinks and takes the drinking of customers, and the victim was on board the Defendant’s car, and went on the Defendant’s house, Daejeon Seo-gu F, Daejeon, 303 Dong 1318 (G apartment) with the Defendant’s house, and the Defendant was willing to have sexual intercourses.
Around that time, the Defendant exceeded all the clothes of the victim while staying kis on the part of the victim, and had sexual intercourse three times by inserting the victim’s chest and sound with the victim’s sexual organ as soon as possible and inserting the Defendant’s sexual organ into the part of the victim.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.
2. The above facts charged are crimes falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and may be prosecuted upon a complaint filed by the victim pursuant to Article 306 of the same Act.
However, according to the statement on withdrawal of a complaint filed in the trial records, the victim can be recognized as having withdrawn the complaint on July 19, 2013, which was the date of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.