강간미수
The prosecution of this case is dismissed.
1. On December 25, 2012, the summary of the facts charged: (a) the Defendant discovered that the victim was divingd at the office of the victim D (Inn, 19 years of age) located in Nam-gu Incheon Metropolitan City on December 25, 2012; (b) discovered that the victim was locked; (c) accumulated the victim’s clothes in front of the victim; (d) stored the finger in the victim’s clothes; and (e) continuously laid off the victim’s body and went off the part of the victim’s clothes; and (e) tried to rape the victim’s body, the Defendant attempted to commit rape; (b) however, the Defendant did not go against the victim’s shouldering or resisting the Defendant; and (c) did not go against the victim’s order to shoulder E in front of the victim’s body.
2. The facts charged above are crimes falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only upon a victim’s complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); and Article 306 of the former Criminal Act.
However, according to the records, the victim can recognize the fact of revoking the complaint against the defendant on August 16, 2013, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.