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(영문) 서울북부지방법원 2013.08.23 2013고합185
강간미수
Text

The prosecution of this case is dismissed.

Reasons

Around 13:00 on May 2, 2013, the summary of the facts charged is as follows: (a) at the Defendant’s house located in Dongdaemun-gu Seoul Metropolitan Government C Apartment 103 Dong 601, the Defendant: (b) committed sexual intercourse; (c) the victim D (the 38-year-old age) (the insurance solicitor) who was an insurance solicitor, was able to take charge of the shoulder of the victim who was reported on the new post at the entrance; (d) the victim was unable to drive down his arms at the entrance; and (e) the victim’s two arms that the victim would not be able to do so; and (e) the victim’s two arms were placed on the part of the ward and inside the entrance; and (e) the victim was forced to move back his breast with one arms; and (e) the victim was unable to do so, and (e) the victim did not commit sexual intercourse with the victim’s body and the Defendant’s wind.

Judgment

This is a crime falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same), which can be prosecuted only when a victim files a complaint under Article 306 of the former Criminal Act. According to the withdrawal of a complaint filed in the trial record and the written agreement, the victim can be found to have withdrawn a complaint against the defendant on August 7, 2013, which is the date of the prosecution of this case.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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