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(영문) 수원지방법원 안양지원 2015.08.07 2015고합56
강간등
Text

The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

Summary of Facts charged

1. On September 25, 2008, at around 03:30 on September 25, 2008, the Defendant: (a) discovered the victim under the influence of alcohol in the south-gu Incheon Metropolitan City E, and followed the victim with the mind to rape; (b) opened a studio 2nd floor and opened a studio door to the victim who wishes to enter the house; (c) did not resist the victim by making the victim’s her humf with his humf and by threatening the other hand, with the victim’s humf and her humf with the victim’s humf, and by threatening the victim’s humf with the victim’s humf, and by inserting the victim’s clothes from the victim’s 4th floor to the victim’s humf; and (d) made rape by inserting the victim’s sexual flag into the victim’s sexual organ.

2. A victim G (22 years of age, female) around 05:00 on Dec. 10, 2009, the Defendant: (a) discovered the panty of the victim under the influence of alcohol in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu; (b) went to the vehicle operated by the Defendant, and was led to the camping in 149-2, Nam-gu, Incheon Metropolitan City, Nam-gu, Incheon, and was led to the spanty of the victim, who was unable to take full part in the said vehicle, and was raped by inserting his sexual flag into the victim’s sexual flag.

The judgment on the facts charged is a crime falling under Articles 297 and 299 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the statement in the letter of withdrawal of complaint filed in the court records, the victim G after the prosecution of this case is instituted on July 8, 2015, and the victim D may recognize the fact of revoking the complaint against each defendant on July 29, 2015. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

Judgment on the request for attachment order

1. A person against whom a request to attach an attachment order is filed is found to have a habit of committing a sexual crime on at least two occasions as stated in the facts charged, and the circumstances, environment, character, and conduct of the crime.

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