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(영문) 대구지방법원 2013.11.08 2013고합380
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who served together with the victim C (the age of 25) and D insurance company.

On June 3, 2013, the Defendant got home with the victim by using a substitute engineer in the same direction as the victim's house, after drinking drinking together with G, H, and the victim's home, which is the previous workplace club, from a lag house where it is impossible to know the trade name in the F market located in Daegu-gu Dong-gu, Daegu-gu., the Defendant returned home with the victim.

At around 02:00 on June 4, 2013, the Defendant: (a) went home to Jmotour in Daegu-gu I while returning home; (b) went to a room in which it is impossible to resist due to alcohol; and (c) laid off the victim’s clothes; and (d) laid off the victim’s clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. The instant facts charged constitute a crime falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), which 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's withdrawal of the complaint against the defendant on November 8, 2013, which was after the prosecution of this case, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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