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(영문) 서울동부지방법원 2013.12.19 2013고합310
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) around 01:50 on March 2, 2013, the Defendant, at around 01:30, committed rape by committing sexual intercourse with the victim, with the victim F (n, 28 years of age) off, and was unable to resist due to drinking, taking advantage of the fact that the victim F (n, e.g., e., e., “Eel” located in Gwangjin

2. The instant facts charged are crimes 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 upon a victim’s complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act. According to the statement on the withdrawal of the victim’s complaint filed in the trial record, the victim can be acknowledged on December 5, 2013, which is the date the instant prosecution was instituted, since the victim’s withdrawal of the complaint filed against the Defendant on December 5, 2013, the instant indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure

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