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The prosecution of this case is dismissed.
Reasons
1. On April 12, 2012, the Defendant: (a) around 22:30 on April 12, 2012, on the part of the Defendant: (b) around 22:30, on the part of the Defendant: (c) was involved in a taxi with the victim E (the age of 21); and (d) was able to rape the victim by using a breath that he was unable
On April 12, 2012, from around 23:00 to around 01:50 the following day, the Defendant: (a) went the victim to a guest room in the mutual influorite-gu, Seocheon-si F, Seocheon-si, who was under the influence of alcohol; (b) was off the victim’s clothes; and (c) attempted to rape the victim’s body while taking the victim’s body back back to the victim’s body. However, the Defendant attempted to rape the victim; (d) the victim s/he s/he s/he s/ she s/ she s/ she s/ she s/ she s/ she s/ she she
Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the state of mental disorder, but did not achieve the purpose.
2. The facts charged of this case are crimes falling under Articles 300 and 299 of the Criminal Act and can be prosecuted only when a victim files a complaint pursuant to Article 306 of the Criminal Act. Since the victim revoked the complaint against the defendant on April 24, 2013, which was after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.