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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case reveals that the Defendant came to know of the Victim C (V, 24 years old) before around eight years, and came to know of the Victim C (V, 24 years old), while engaging in temporary sexual intercourse with his female, but the contact between him and the Defendant was made.
At around 16:00 on January 14, 2013, the Defendant: (a) had the victim’s house of the building located in Incheon Metropolitan City D, had the victim feel sexual intercourse by inducing the victim’s sleep to do so; (b) had the left hand into the victim’s inner part; (c) had the panty in a panty line; (d) had the panty line; and (e) had the panty line in a panty line; (e) had the panty line; and (e) had the panty line; (e) had the panty line; (e) had the panty line, the Defendant refused to do so; and (e)
Accordingly, the defendant had attempted to engage in sexual intercourse by taking advantage of the victim's mental condition, but he had attempted to do so.
2. We examine the judgment. The facts charged in the instant case are those falling under Articles 300, 299, and 297 of the Criminal Act, and can be prosecuted only upon a victim’s complaint 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 written agreement on the preparation of the complainant submitted on September 10, 2013 in this court, the complainant expressed to this court the intention not to be punished against the defendant on September 9, 2013, which was after the prosecution of this case, on September 9, 2013. 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.