준강간
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is as follows: (a) around May 2012, the Defendant was aware of the victim C (V, 20 years of age) and the Internet game. On June 4:0, 2012, the Defendant took the victim under the influence of alcohol into the mutual influence in Seoul Special Metropolitan City, Gwanak-gu D, and took the victim’s influence, taking advantage of the victim’s state of refusal to resist; and (b) took the victim’s clothes into sexual intercourse once by inserting the victim’s clothes.
2. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the Criminal Act. According to the written agreement and withdrawal of the complaint in the name of the victim, the victim can be acknowledged as having withdrawn the complaint against the defendant on March 18, 2013, which is after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.