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The prosecution of this case is dismissed.
Reasons
1. On April 13, 2013, the Defendant: (a) around 4:30 on April 13, 2013, at the home of the victim E (n, 48 years of age) located in the Gyeonggi-si branch of Gyeonggi-si; (b) on the part of the victim, the Defendant: (c) reported the victim’s her panty in a panty, or under the influence of alcohol; and (d) reported the victim’s her panty, she was out of the victim’s panty, and had sexual intercourse with the victim E once by inserting his panty into the part of the victim
2. The facts charged in the instant case are crimes falling under Article 299 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 under Article 306 of the former Criminal Act. According to the records, the victim E can be acknowledged the facts of expressing his/her intent to revoke the Defendant’s complaint on June 27, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.