The prosecution of this case is dismissed.

1. The summary of the facts charged is as follows: (a) between February 24, 2013 and 06:00, the Defendant: (b) at the “D” conference located in Guro-gu Seoul Metropolitan Government, the Defendant had already been engaged in drinking in drinking in the main place with the Defendant and other friendships; (c) other friendships were rewritten again to the victim E (the age of 20) who had been engaged in drinking in drinking in the main place; (d) first, the Defendant had the victim drinked and waited for drinking in the sea area to drink the alcohol at the sea, and had the victim drinked in the sea area, she was able to drink the alcohol more at the sea; and (e) had the victim under drinking, she was placed on the bed in the bed; and (e) had the clothes cut off one time, she had sexual intercourse with the victim so that the victim was unable to resist by drinking only, and had sexual intercourse with him.

2. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only upon a victim’s complaint pursuant to 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. According to the written agreement and written withdrawal of a complaint submitted by the defense counsel, the complainant can be recognized as having cancelled the Defendant’s complaint on June 24, 2014, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.