The prosecution of this case is dismissed.

1. On April 13, 2013, the Defendant: (a) around 01:30 on April 13, 2013, at the Defendant’s house bedroom of Seocho-gu Seoul Seocho-gu building E, the Defendant: (b) reported the Victim F (F) who was a company under influence of alcohol after drinking the company fees and alcohol at the Defendant’s house room; and (c) caused the Defendant’s desire to commit a crime and lying the Defendant’s boom and lying the Defendant’s boom.

The Defendant continued to enjoy the hands of the victim, thereby having the victim be frighten of the victim's sexual organ, exceeded the fright of the victim who does not resist the victim's sexual organ, and inserted the Defendant's sexual organ into the part of the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that the victim was unable to breathly.

2. The above facts charged are crimes falling under Articles 299 and 297 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Articles 1 and 2 of the Addenda to the Criminal Act (No. 11574, Dec. 18, 2012), and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, the victim's withdrawal of the complaint against the defendant on September 11, 2013, which was after the institution of the prosecution of this case, can be recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.