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(영문) 서울서부지방법원 2013.09.05 2013고합151
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged: (a) around December 19, 2012, the Defendant, at the Ecafeteria located in front of the D Station located in Mapo-gu Seoul, drinked the Victim F (n, 24 years of age), who became aware of the early police officer in the same year, and (b) on December 20, 2012, the Defendant, at around 01:09, had sexual intercourse with the victim by inserting the victim’s body at a guest room with the victim’s sexual intercourse with the victim’s sexual organ located in Seodaemun-gu Seoul, with the victim’s sexual organ inserted into the part of the victim’s sexual organ, where it is impossible for the Defendant to resist due to sleep.

2. We examine the judgment. It is a crime falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a victim's complaint pursuant to Article 306 of the same Act. According to the letter of withdrawal of complaint filed in the court records, the defendant's withdrawal of complaint against the defendant on August 29, 2013, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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