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(영문) 창원지방법원 2013.05.02 2013고합14

강간

Text

The prosecution of this case is dismissed.

Reasons

1. On December 24, 2012, the Defendant, at around 22:40 on December 24, 2012, issued a false statement to the victim D (the age of 16) that he would offer 300,000 won in return for commercial sex acts, inducing the victim in the future at Kim Sea, followed the victim in the F-cracked car, and led the victim to the route adjacent to the parking lot at the construction site near the G.

From the back seat of the above car, the Defendant set off the passenger car door to the victim who was able to pay the price for sexual traffic first from the victim, and set off the victim “I am good and good to do so, and there are many police officers in the Ga. I am. I am. I am. I am. I do not am. I am. I am. I am. I am. I am. I am. I am. I am. I am the victim’s arms by putting the victim’s arms into the victim’s arms, suppressing the victim’s arms, inserting the victim’s sexual organ into the part of another victim’s sexual organ

2. The facts charged in the instant case are crimes falling under Article 297 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the Criminal Act. According to the records, the victim, who is the complainant, revoked the complaint against the defendant on January 16, 2013, which is after the prosecution of the instant case (the cancellation of the complaint is referred to as the declaration of intention to seek punishment by the investigative agency or court that withdraws the offender (see Supreme Court Decision 2009Do6779, Sept. 24, 2009). According to the records, on January 9, 2013, which is prior to the day of the instant indictment, a written revocation of the complaint was prepared to the effect that the victim did not have an intention to agree with the defendant, but does not want the punishment of the defendant thereafter (the date stated in the written revocation of the complaint seems to be a clerical error).

) Since the head of the withdrawal of the complaint can be recognized on January 16, 2013, which was submitted to the court after the prosecution of this case, the indictment of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.