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(영문) 서울서부지방법원 2013.09.12 2013고합202

강간

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the charges was around 05:00 on June 7, 2013, the Defendant, while drinking alcohol with the victim F (the victim F, 22 years of age) at the cross-deflation in the E station near the E station located in the Jung-gu Seoul Metropolitan Government, and had the victim 109 at the Henb in Gwangjin-gu, Seoul, and had the victim induced the victim to commit rape. The Defendant 109 at the above 109, her hand pushed the victim into the bed against the bed against the bed against the bed against the bed against the her body, and the victim saw the her bed against the her bed against the her beingd against the her beingd against the victim, and raped by having the victim's sbed against the her hand once by his her hand, and by inducing the victim's sbed against the her possession.

2. We examine the judgment. The case is a crime falling under Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when a victim files a complaint under Article 306 of the same Act. According to the written withdrawal of a complaint filed in the trial record, F, the complainant, can recognize the fact that the complaint was withdrawn against the defendant on September 10, 2013, which is the case after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.