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The prosecution of this case is dismissed.
Reasons
1. On February 17, 2013, the Defendant: (a) around 00:10 on February 17, 2013, the Defendant: (b) had been driving on the street in front of D in Busan Shipping Daegu; and (c) the Victim F (V, South, and 41 years old), an affiliated engineer, was urged to receive a call, and decided to substitute driving on behalf of the Defendant G new-type franchise vehicle.
Accordingly, the defendant was on the top of the same vehicle, and the victim was aboard the driver's seat and raised a mind to force indecent acts by compulsion on the victim within the same H apartment underground parking lot of the same Gu, the destination of which is the second underground parking lot.
The Defendant, “I do not see several million won in the on-site,” while emphasizing the refluence of the Defendant, committed an indecent act by force against a same-sex victim over about 15 minutes, such as “Woo-man and kiki-man, Woo-man, Woo-man, Woo-man, Woo-man, and Woo-man,” who continued to arrive at the destination, “Woo-man, Woo-man,” etc.
2. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records, the victim can be recognized as having withdrawn the complaint against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.