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The prosecution of this case is dismissed.
Reasons
1. Around May 2013, the summary of the facts charged and the victim C (the age of 30) came to know of the “Esing room” located in Gwangju Northern-gu D with customers and singing singing. On several occasions, around June 6, 2013, the Defendant and the victim C (the age of 30) came to communicate with customers and singing singing. On the other hand, around June 22, 2013, the Defendant and the victim sent alcoholic beverages to “H telecom” located in Gwangju Northern-gu G.
Around 03:00 on June 7, 2013, the Defendant demanded the victim to have a sexual intercourse with the victim, but was refused by the victim to “I would like to do so. I would like to do so. I would like to do so. I would like to resist the victim by: (a) having a mind to rape the victim; (b) kiding the victim on the part of the victim; (c) kiding the victim on the part of his body; (d) preventing the victim from resisting him; and (e) preventing the victim from having his panty with another hand, who was going to be forced by force; and (e) having attempted to have sexual intercourse with the victim, the victim made a false statement that he would have been forced to do so in the toilet; and (e) having attempted to have the victim escape, the Defendant attempted to have the victim do so with the wind.
2. In the case of this case falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), the prosecution may be instituted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act.
According to the statement of withdrawal of a complaint filed by the victim in this Court, the victim can be recognized as having withdrawn the complaint against the defendant on September 11, 2013, which was after the institution of the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.