The prosecution of this case is dismissed.

1. The Defendant: (a) around 08:00 on May 2, 2013, the facts charged in the instant case: (b) around 08:0, at the mutual “D entertainment tavern” located in Gangnam-gu Seoul Metropolitan Government, and (c) at around 22:0 on the same day, the Defendant found the victim E (the victim, 22 years of age), who is a guest, and drinking alcohol; and (b) on the same day, at around 12:00, the victim was placed on a sofari, and was placed in a sofari; (c) was fariated by inserting the victim’s panty into the part of the victim’s panty

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

2. We examine the judgment. The case is a crime falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the same Act. According to the records, the victim can be found to have withdrawn the complaint against the defendant on January 27, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.