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(영문) 의정부지방법원 고양지원 2013.04.05 2013고합25
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was around 04:00 on December 23, 2012, the Defendant: (a) thought that he/she had a sexual intercourse with the victim D (inn, 41 years old) of Goyang-gu, Goyang-gu, Gyeonggi-do C hotel 609; and (b) tried to attract the victim as his/her grandchildren; (c) but (d) tried to attract the victim as his/her grandchildren; but (d) the victim refused to do so.

The Defendant: (a) was aware of the victim’s mind that he was glicker; (b) the victim was lying on the bend; (c) but the victim was pushed down in a bend; (d) the victim was tightly pushed down with his hand; (c) the Defendant did not resist the victim’s left hand by driving on the bend hand; and (d) the Defendant tried to have sexual intercourse with the victim, she was out of the bend and down of the bend; (d) the Defendant did not resist the victim’s back to the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

2. The facts charged in the instant case are those falling under Articles 300 and 297 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 306 of the Criminal Act.

However, according to the written agreement on the preparation of the victim submitted to this court, the victim can be acknowledged on March 21, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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