The prosecution of this case is dismissed.

1. The summary of the facts charged is as follows: (a) on May 17, 2013, the Defendant: (b) around 01:00, at the victim D (Inn, 25 years of age) located in Ulsan-gu Cudio 202, the Defendant was able to drink with the victim and drink the victim while drinking together with the victim; (c) was laid off on the right side of the victim’s clothes; (d) was cut off with the victim’s body; and (e) the victim’s chest and fluor; and (e) the victim’s body tried to insert the victim’s sexual organ into the victim’s sexual organ, but did not have been inserted because it did not occur.

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 judgment is a crime falling under Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act. According to the written agreement and the letter of cancellation of complaint filed in the trial record, the victim can be recognized as having withdrawn the complaint against the defendant around July 1, 2013, which is the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.