The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant reported the victim who was divingd in the studio of the victim D (n, 22 years of age) in Ansan-gu, Ansan-si, the end of October 2012, and had sexual intercourse with the victim by taking advantage of the victim’s state of difficulty to resist.

2. We examine the judgment. The facts charged in the instant case constitute a crime falling under Articles 299 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 court records, it can be acknowledged that the victim expressed his/her intent to revoke the complaint against the Defendant on Oct. 18, 2013, after 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.