The prosecution of this case is dismissed.

1. From March 14, 2013, the Defendant, from around 17:30 on March 14, 2013 to around 30 students and E staff and 30 students in the Gangnam-gu Seoul D restaurant, the Defendant stated that the victim F (num, 24 years old) met and did not properly hold his body, and that “the victim will take to get off the victim.” The Defendant, along with the student G, called the victim to H by burning the victim into the taxi, brought the victim to 505 in the Dongjak-gu Seoul Metropolitan Government Iel.

At around 20:30 on March 14, 2013, the Defendant presented the said G to the said G, stating that the Defendant “I wish to detect and remove earth and sand buried in the clothes back to a place of meeting,” and then, was off off the victim’s booming away from the victim’s bar, and she tried to remove soil and sand buried in the victim’s clothes accumulated in the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the sexual intercourse

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

2. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 306 of the Criminal Act. According to each of the statements on certificates and withdrawals of complaints filed in the trial records, the victim can be recognized as having withdrawn the Defendant’s complaint on May 28, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.