The prosecution of this case is dismissed.

1. Around October 8, 201, the Defendant: (a) around 00:30, the Defendant: (b) committed rape against the victim F, who had drinking together, was under the influence of alcohol and was in the state of failing to resist by having sexual intercourse with the victim, on the ground that the victim F, who had drinking together, was under the influence of alcohol; and (c) was in the state of being unable to resist by having sexual intercourse with the victim.

2. The instant facts charged are cases falling under Articles 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 of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 306 of the former Criminal Act.

However, according to the written agreement bound in the public trial records, the victim can be found to have cancelled the complaint against the defendant on June 14, 2013, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.