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(영문) 창원지방법원 통영지원 2013.04.25 2013고합4
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. At around 00:50 on January 13, 2013, Defendant A, with the knowledge that the victim F (n, 22 years of age) was locked from the Defendant’s side, and that the victim was in a state of failing to resist due to the influence of alcohol, Defendant A, with the awareness that he was under the influence of alcohol and was in a state of failing to resist, was raped once by sexual intercourse.

B. Defendant B’s above Defendant A.

At the time, at the time, at the place specified in the paragraph, the victim F (the 22 years of age), was unable to resist even after rape from A, and was able to engage in sexual intercourse with the victim, with the awareness that the victim was under the influence of alcohol, by failing to resist, and with the awareness that the victim was unable to resist, and by failing to commit such sexual intercourse with the victim’s care, he tried to commit sexual intercourse with the victim’s lower and lower clothes. However, the victim F (the 22 years of age), who was aware of the state of

2. The judgment is the case falling under Articles 299, 297 (A) and 300 and 299 (A-B) of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 306 of the Criminal Act.

However, according to the statement on withdrawal of a complaint filed in the trial records, the victim's withdrawal of the complaint against the Defendants on March 13, 2013, which was after the prosecution of this case, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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