The prosecution of this case is dismissed.

1. On February 24, 2013, at around 01:20, the Defendant discovered the victim D (the age of 20) who was under the influence of alcohol and was using his body on the road in front of the Seocho-si, Seocheon-gu, Busan, and then was led to 205 "Seoul, Seocheon-si Ecomel" in order to rape the female.

At around 02:00 on the same day, the Defendant: (a) placed the victim, who was under the influence of alcohol, on a beds, and had sexual intercourse once with the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

2. The facts charged of this case are crimes falling under Article 299 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act. The victim revoked the complaint against the defendant on May 28, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.