준강간미수
The prosecution of this case is dismissed.
1. On February 14, 2013, the summary of the facts charged is as follows: (a) the Defendant drinked alcoholic beverages on the spot with the victim C (at 19 years of age) who is a workplace rent; (b) 02:00 on the same day, the Defendant was the victim who lost his mind by drinking alcohol, and entered the Songpa-gu Seoul Metropolitan Government D’s mutual incompetence.
The Defendant was able to report the victims who had been under the influence of alcohol on the part of the above her, and was able to rape the victims. The Defendant was able to have her panty with the victim’s panty, who was in a state of failing to resist by drinking, and was her panty, and tried to put his her panty into the part of the victim’s panty, but did not put into the victim’s panty, but did not put into the victim’s panty.
Accordingly, the defendant was trying to rape the victim by using the state of impossibility to resist under the influence of alcohol, but did not achieve the intent and did not commit the attempted crime.
2. The facts charged in the instant case are crimes falling under Articles 300, 299, and 297 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 306 of the Criminal Act. According to the withdrawal of the victim’s complaint filed in the trial record and the written agreement, the victim may recognize the fact that the victim revoked the Defendant’s complaint on March 25, 2013, which is the date of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.