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(영문) 창원지방법원 2013.08.29 2013고합180
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. On September 23, 2012, around 04:00 on September 23, 2012, the Defendant, who is an employee of the party room in his/her operation, drinked the victim C (the 22 years of age) and drinking alcohol, and demanded the victim to take her house and fastened with the Defendant’s house located in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, and demanded the victim to take 1316 of the E-commercial building, which is the house of the Defendant, and the victim was able to rape the victim on the bed, and the victim’s chest and fluor, by drinking the victim’s finger and fla

In this regard, the victim gets off the defendant's head debt, removed the defendant's head debt, and when the defendant gets off the victim's body and tried to engage in sexual intercourse with the victim's clothes after suppressing the victim's resistance by complete force, such as taking the victim's body in his body, but the victim was absent from the bed and escaped from the bed and the escape was attempted by the wind.

2. The facts charged in the instant case are crimes falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act. According to the statement in the letter of withdrawal of complaint filed in the trial record, the victim, who is the complainant, can be recognized as having withdrawn the complaint against the Defendant on July 26, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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