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(영문) 서울중앙지방법원 2013.07.04 2013고합526
강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, at around 02:00 to 02:30 on September 18, 2012, in the Defendant’s residence located in Jung-gu Seoul Metropolitan Government, he had sexual intercourse with the Defendant’s social preference D and his female-friendly job offering victim E (the age of 59 years at that time) with the Defendant’s social preference D and the other female-friendly job offering victim E (the age of 59 years at that time) in order to rape the victim who gets out of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of the cryth of

2. The facts charged in the instant case constitute Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and may be prosecuted only when a victim files a complaint pursuant to Article 306 of the former Criminal Act. According to the written agreement entered in the name of the victim, the victim may be found to have withdrawn the Defendant’s complaint on June 12, 2013, which is the date of the instant indictment.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.

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