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(영문) 대전지방법원 2013.12.05 2013고합456
강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was on May 24, 2013, the Defendant: (a) opened the body of the victim D (at the age of 26) at the entrance of the Seo-gu Daejeon apartment, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) opened the body above the victim D (at the age of 26); and (c) divided the victim’s body into panty panty ties with the victim’s body sealed the victim’s resistance; and (d) raped the victim by having sexual intercourse once.

2. We examine the judgment. The case constitutes a crime falling under Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can institute a public prosecution only when a victim files a complaint under Article 306 of the same Act. According to the written agreement compiled in the records, the victim can acknowledge the fact that the complaint against the defendant was withdrawn on December 5, 2013, which is after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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