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(영문) 대구지방법원 김천지원 2013.06.28 2013고합55
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a friendship with C, and the victim D (V, 19 years old) is a de facto marital relationship with C.

On April 20, 2013, at around 19:00, the Defendant drinked alcohol with C and the victim who found the Defendant from the Defendant’s house located in the building B No. 303 of the Gu-si building B in Gu-si, Seoul, to be the Defendant, at around 2:00 on the same day.

4. At around 02:00, the victim was sexual intercourse and raped on one occasion with the victim's bar and clothes, who was cut down by the shoulder, and who was under the influence of alcohol, and was in a state of failing to resist.

2. We examine the judgment, and the facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and may be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act.

However, according to the written agreement on the preparation of the complainant submitted on May 7, 2013 in this court, the complainant expressed in this court his/her intention not to be punished against the defendant on May 6, 2013, which is after the prosecution of this case, on May 6, 2013. The victim's complaint against the defendant was lawfully revoked.

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

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