The prosecution of this case is dismissed.

On May 21, 2012, at around 23:30 on May 21, 2012, the Defendant, at the main point of “D” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, the Defendant: (a) while drinking alcohol with the victim E (19 years of age), F, and G while drinking alcohol, etc., the Defendant reported that the victim was seated with his mind under the influence of alcohol and carried the victim into the telecom with F.

At around 02:00 on May 22, 2012, the Defendant: (a) laid the victim 301 at the International MotoH in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) laid the victim at the bed; (c) laid the victim at the bed; (d) laid the victim; (d) had the victim to rape; (e) had the victim’s panty and panty to resist; and (e) had sexual intercourse by inserting the victim’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Judgment

The facts charged in the instant case are crimes falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; and enforced as of June 19, 2013; hereinafter the same shall apply) and may be prosecuted only upon a victim’s complaint under Article 2 of the Addenda to the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 306 of the former Criminal Act.

On May 4, 2015, after the prosecution of this case, the victim submitted a written withdrawal of the complaint to the court by agreement with the defendant on May 4, 2015. Ultimately, the facts charged of this case constitute revocation of the complaint with respect to a case which can be prosecuted only upon a complaint, and thus, the prosecution of this case against the defendant is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act