The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

Public Prosecution Rejection Parts

1. On May 13, 2013, the Defendant and the person subject to an application for the attachment order (hereinafter “Defendant”) found the victim D (hereinafter, 18 years old) who was under influence of alcohol on a vehicle parked on the street in front of the building in the window C of Changwon-si, and had sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist; the victim was working on the part of the victim; the victim was placed on the “E” office of the Defendant’s operation on the first floor below the above building; the victim was exempted from the lower part of the victim under the influence of alcohol by inserting the Defendant’s sexual organ into the part of the victim, thereby putting the victim’s sexual organ into the part of the victim.

2. The instant facts charged are crimes 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 a victim files a complaint pursuant to Article 306 of the same Act. According to the records, the facts that the victim revokes the Defendant’s complaint on December 12, 2013, which is the date of the instant indictment can be acknowledged. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

Part of the Request for Attachment Order

1. The accused has committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime.

2. As seen earlier, the judgment dismissing the prosecution of this case is dismissed. As such, the request for the attachment order of this case is dismissed pursuant to Article 9(4)2 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.