The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant had known about two years prior to the victim D through mobile phone hosting.

From around 20:00 on August 201, 201, the Defendant drinked alcoholic beverages with the victim at an alcohol house near the Newcheon Station in Songpa-gu Seoul, Songpa-gu. On the same day, around 23:50 on the same day, the Defendant exceeded the clothes of the victim, who was under the influence of alcohol in video room of “F” on the third floor of the E building, and was in sexual intercourse once.

2. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 306 of the Criminal Act. According to the written withdrawal of the victim's complaint and written agreement filed in the trial records, the victim can recognize the fact of revoking the defendant's complaint on June 3, 2013, which is the date the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.