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(영문) 대전지방법원 2013.11.21 2013고합314
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) is a person who operates a police officer in the Daejeon Pungdong-gu Daejeon; and (c) three employees, including the victim D (the age of 24), after completing his/her business on April 30, 2013; and (d) the following day from 22:00 on the same day.

5. 1. To drink by not later than 02:00, and to drink;

After completion of a meeting, the Defendant: (a) while carrying a drunk victim into the vehicle driven by the Defendant and carrying the victim’s house on the vehicle driven by the Defendant; (b) while driving the vehicle on the front road of the Daejeon E at around 02:30 on the same day, the victim was unable to know whether he/she is going to go to the Gu, and (c) after driving the vehicle on the front road of the Daejeon E, the victim was trying to go to go to the Gu, and the victim was able to go to go to the back seat of the above vehicle, and the Defendant was also posted to the back seat of the said vehicle.

The Defendant continued to place his hand on the part of the victim when the victim was unable to get drunk, and knee the victim's chest, cut off the victim's knee and knee, and inserted the Defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

2. The above facts charged are crimes falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and may be prosecuted only when a victim files a complaint pursuant to Article 306 of the same Act.

However, according to the statement on withdrawal of a complaint filed in the trial records, the victim can be recognized as having withdrawn the complaint on November 13, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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