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(영문) 부산지방법원 2013.07.19 2012고합598
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. On May 2, 2012, the summary of the facts charged: (a) the Defendant: (b) was under the influence of alcohol around 13:00 on the part of May 13, 2012; (c) was 208 EM 208 in Busan-gu, Busan-gu; (d) went on the victim’s body; and (e) the victim was knee and kneeed so that the victim could not resist; (c) forced the victim’s knee and knee; and (d) attempted to put the panty into the victim’s panty, but was attempted to put the victim’s panty into the victim’s panty with the victim’s strong resistance and f

2. We examine the judgment. The above facts charged 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 upon a victim’s complaint under Article 306 of the former Criminal Act. According to the written agreement and withdrawal of the written complaint filed in the records, according to each of the written agreements and written withdrawal of the complaint filed in the name of the victim C, the victim C can be recognized as the fact of revoking the Defendant’s complaint on July 17, 2013, which is after the prosecution of this case was instituted. Thus, the indictment of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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