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(영문) 창원지방법원 마산지원 2013.08.28 2013고합44
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. Around 00:30 on May 11, 2013, the Defendant had sexual intercourse once with the victim by taking advantage of the victim’s condition where the victim was living in the construction site where the Defendant was temporarily residing in Changwon-si E, and the victim F (n, 18 years of age) was willing to have sexual intercourse by reporting that the Defendant temporarily resided in the construction site. The Defendant had sexual intercourse with the victim by taking advantage of the victim’s condition that the victim was unable to resist, by taking advantage of the victim’s personal condition where the Defendant living in the construction site.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and may be prosecuted only upon a complaint of the victim under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the agreement on the preparation of the complainant submitted on August 27, 2013 in this court, the complainant expressed in this court his intention not to be punished against the defendant on or around August 2013, 2013 after the prosecution of this case. 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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