The prosecution of this case is dismissed.

1. On April 4, 2013, the Defendant: (a) around 03:00, at the house of the victim D (Inn, 74 years old); (b) the Defendant was unable to drink the victim with the desire to commit rape by reporting that the victim was under the influence of alcohol while drinking together with the victim with the victim who was sexually fright and fright, and was frightened.

At this time, the victim was raped by assaulting the victim by putting the victim on the floor of the victim's body, putting the victim on the victim's body by hand due to the defect that the victim is coming back on the side of the house, and putting the victim on the victim's body by hand, "packer" means "hys, hys, hys," and "hys, hys, hys, hys, and humsing the victim's body, who is in a state of suppressioning the resistance and avoiding the resistance, and committing sexual intercourse once.

2. The facts charged in the instant case are crimes falling under Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a complaint filed by the victim under Article 306 of the same Act.

However, according to the written agreement submitted to this court, it can be acknowledged that the complainant D expressed his/her intention not to punish the defendant on December 4, 2013, which was after the prosecution of this case.

According to the above facts of recognition, the facts charged in this case constitute the cancellation of a complaint with respect to a case which can be prosecuted only upon a complaint, and thus, the prosecution in this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.