The prosecution of this case is dismissed.

1. On December 26, 2012, around 04:45, the Defendant: (a) contacted the victim D (at the age of 20) who became aware of the same day by drinking alcohol on the same day; and (b) the Defendant, along with the relatives of the said C, the victim, and the victim, performed drinking at the alcohol house called “F” in Ansan-si E.

After that, the Defendant, when the victim was under the influence of alcohol and was unable to be able to be aware of, was frightened by 511 GMoMoel in the same Dong, she was under the influence of alcohol and tried to engage in sexual intercourse with the victim, which was frightened by drinking, she was on the part of the victim, but she was on the part of the wind that the victim was under the influence of alcohol.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's potential to resist, but did not have attempted.

2. The facts charged above are the crimes falling under Articles 300, 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 to the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); and Article 306 of the former Criminal Act.

However, according to the records, the victim can recognize the fact of revoking the complaint against the defendant on November 1, 2013, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.