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(영문) 수원지방법원 2013.04.09 2013고합175
강간
Text

The prosecution of this case is dismissed.

Reasons

1. Around October 12, 2012, the Defendant found at the house of the victim D (Inn, 41) who is in an internal-related relationship with the Defendant at Suwon-si, Suwon-si, Suwon-si, Seoul-si, 210 dong 2001, and confirmed the victim’s cell phone, and conducted a sexual intercourse with the victim on the following occasions: (a) the Defendant took the victim’s neck by hand; (b) the Defendant took the victim’s clothes by threatening the victim, and (c) took the victim’s clothes by coercioning the victim’s resistance while threateninging the victim; and (d) sexual intercourse once.

2. The case is a crime falling under Article 297 of the Criminal Act, which can be prosecuted only upon the victim's complaint under Article 306 of the Criminal Act. According to the statement in the letter of withdrawal of complaint filed in the public trial records, the victim can be recognized as having cancelled the complaint against the defendant on April 9, 2013, which is after the prosecution of this case. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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