The prosecution of this case is dismissed.

1. The summary of the facts charged was around 07:00 on December 29, 2012, the Defendant: (a) on the part of the Defendant’s dwelling located in the Dong-si, Do-si; and (b) on the part of the Defendant, at the main point located in Seodaemun-gu, Seoul at the same time as the victim D (n, 23 years old); (c) on the part of the Defendant’s dwelling located in Seo-gu, Seoul; (d) on the part of the Defendant’s dwelling, the Defendant was able to have sexual intercourse with the victim as an opportunity by drinking alcohol; (e) on the part of the Defendant’s dwelling, the Defendant took the victim into his dwelling and panty; and (e) took the victim

Accordingly, the defendant had sexual intercourse with the victim who was drunk and unable to resist.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 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 "public prosecutor's investigation report (report on the filing of a complaint)" compiled in the public trial records, the victim can recognize the fact that the complaint was cancelled against the defendant on May 1, 2013, which is the date of the prosecution of this case. Thus, the facts charged of this case constitutes cancellation of a complaint with respect to a case which can be prosecuted only upon the complaint of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.