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(영문) 대구지방법원 2013.05.31 2013고합136

준강간

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the co-co-ownership of the diveston club, in which the victim C (V, 22 years old) works.

On November 23, 2012, at around 05:00, the Defendant: (a) called the victim home, after having finished a meeting of the Ethoton club, and (b) 307 of the Daegu Northern-gu, Daegu Northern-gu, the Defendant: (c) sent the victim home, who was under the influence of drinking alcohol and drinking alcohol at the Eth of the same time; and (d) expressed the victim, who was under the influence of drinking alcohol, and was unable to walk his mind, and (d) expressed the plenary intent in a timely manner; (c) took the her substitute driver on the back seat of his/her own car, carried the female on the back seat of the said her car, and then her the said me was placed on the part of the victim; and (d) took off the victim’s upper part and the inner clothes of the victim, who was under the influence of drinking and was under the influence of drinking, and committed sexual intercourse with the victim.

2. The instant case falling under Articles 299 and 297 of the Criminal Act can be prosecuted only upon the victim’s complaint under Article 306 of the Criminal Act. According to the agreement submitted by the victim C to this court, the victim C can recognize the fact of revoking the Defendant’s complaint on May 8, 2013, which is after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.