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(영문) 서울남부지방법원 2013.06.20 2012고합957
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is around 06:00 on June 19, 2012, the Defendant: (a) discovered the victim who was parked in the Gju shop located in Gangseo-gu Seoul Metropolitan Government F; (b) discovered the victim who was drunk in a passenger car of the victim H (the age of 18) with the influence of drinking in a car; and (c) caused the victim to have the victim talk with his/her will to commit rape.

Therefore, the defendant, under the influence of alcohol, let a victim who has no consciousness get off in the above car, moved to the defendant's car, and was driving into the Jel in Gangseo-gu Seoul Metropolitan Government I.

Then, at around 06:10 on the same day, the Defendant: (a) laid the victim, laid the victim in the Mosel, laid the number of housings into a room in which it is impossible to identify; (b) laid the victim out his body under the influence of alcohol; (c) laid the victim away from the victim’s clothes by taking advantage of the victim’s state of avoiding consciousness to resist; and (d) laid off the victim’s clothes on one occasion, and had sexual intercourse with the victim.

2. The judgment is a crime falling under Articles 299 and 297 of the Criminal Act, which can be prosecuted only when a victim files a complaint under Article 306 of the Criminal Act.

However, according to records and arguments, the victim's withdrawal of the complaint on June 14, 2013, which was after the prosecution of this case, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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