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(영문) 대전지방법원 2013.08.23 2013고합199
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was around 01:00 on March 30, 2013, the Defendant: (a) had the victim E (n, 21 years of age) and the victim under the influence of drinking after drinking alcohol, and had the victim under the influence of drinking alcohol, and had the victim take a house with the victim, and had the victim take a taxi at around 05:00 on the same day, and induced the victim to do so.

The Defendant continued to pay the victim’s credit card fee with the victim’s credit card, and reduced the victim’s room to the guest room with which the number is unknown, and continued to have the victim sexual intercourse once with the victim, after setting off the victim’s room from the victim’s room to the guest room with no identification.

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

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and may be prosecuted only upon a complaint of the victim under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the written agreement on the preparation of the complainant submitted on August 6, 2013 in this court, the complainant expressed to this court the intention not to be punished against the defendant on August 3, 2013, which is after the prosecution of this case, on August 3, 2013. The victim's complaint against the defendant was lawfully revoked.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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