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The prosecution of this case is dismissed.
Reasons
1. On June 7, 2013, at around 23:30 minutes of the charge, the Defendant: (a) from the first floor stairs of the building in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Seoul, the Defendant: (b) provided contact with the victim E (the age 25) by having the victim cut off with a wall and stop driving with the victim’s hand; (c) attempted to be under the influence of alcohol by the victim; (d) the victim refused it; (e) the victim’s chest, blur, knum, knum, etc. was committed by indecent act by force.
2. The facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, and can be prosecuted only upon the complaint of the victim under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).
However, according to the letter of withdrawal of complaint, the victim's withdrawal of complaint against the defendant is recognized after the prosecution is instituted, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the