The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case was the following: (a) the Defendant, on June 13, 2013, drinked C and alcohol that had friended C and went into the house of the victim D (V, 35 years old) located in Ansan-si, Ansan-si.

At around 01:40 on the same day, the Defendant opened a door inside the victim’s home and knee, knee and walked the victim’s panty, and panty knee up up to the lower knee, and tried to have sexual intercourse with the victim by using the victim’s refusal to resist. However, while she inserted the victim’s sexual organ into the victim’s port, the Defendant did not have the intent to have the victim broken out, and attempted to have the victim do so.

2. We examine the judgment. The facts charged in the instant case are 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 the victim's complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); according to the written agreement bound in the trial record, the victim may be found to have expressed his/her intent to revoke the complaint against the defendant after the institution of the instant prosecution. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.