The prosecution of this case is dismissed.

Around 05:40 on January 19, 2013, the Defendant had sexual intercourse with the victim, who was under the influence of alcohol and was under the influence of alcohol, with the victim G (n, 19 years of age) who found the drinking at the F liquor located in Busan Jin-gu, Busan, but was under the influence of alcohol and was under the influence of alcohol, with the Defendant’s vehicle left the back seat before the said week and was under the influence of alcohol, with the victim’s walk 605 around E by using the fact that the victim was under the influence of alcohol, and had sexual intercourse with the victim, who was under the influence of alcohol until 08:18 on the same day, by using the state in which the victim’s consciousness was unknown during the influence of alcohol.

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

Judgment

The facts charged in this case are crimes falling under Articles 299 and 297 of the Criminal Act and can be prosecuted only upon a victim's complaint under Article 306 of the Criminal Act. According to the statement on withdrawal of a complaint submitted to this court, G, the complainant, may recognize the fact that the complaint against the defendant on May 30, 2013, which was after the institution of the indictment in this case, was revoked.

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