beta
(영문) 의정부지방법원 2013.06.04 2013고합90

준강간

Text

The prosecution of this case is dismissed.

Reasons

1. At around 22:00 on July 4, 2012, the Defendant, along with the Defendant, went together with the Victim F (L, 18 years of age)-friendly G with the Victim F (S)-friendly G, and went through the alcohol at the location of “E”, which is a stalking place in Goyang-dong-gu, Manyang-si.

Under the influence of alcohol, the victim was married to the emergency stairs outside the above main point, and the defendant was working out of the first floor of the building from the emergency stairs to the outside of the building, with C and G, with the victim getting off the taxi in front of the "I" H in the Gyeyang-gu H in Gyeyang-gu in Seoyangyang-gu in the middle of the building. The defendant and the victim entered the above el 618 room, and entered C and G into the 619 room.

On July 5, 2012, at around 02:38, the Defendant, under the influence of alcohol at the above 618 room, she was able to be able to fright off and her clothes on the bed, placed the victim’s sexual organ on the bed, placed the victim’s sexual organ into the part of the victim, and she raped the victim.

2. The above facts charged are crimes falling under Article 299 of the Criminal Act, which can be prosecuted only upon the victim's complaint under Article 306 of the Criminal Act. According to the records, F, who is the complainant, can recognize the fact that the complaint was withdrawn against the defendant on May 29, 2013, which is after the prosecution of this case.

Therefore, the above facts charged constitute a case where a public prosecution can be instituted only upon a complaint, and thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.