The prosecution of this case is dismissed.

1. On December 10, 2012, at around 09:00 on December 10, 2012, the Defendant: (a) heard that the victim E (the 20-year-old age) who was a back-of-university 105 at the university’s dwelling in Daegu Northern-gu, Daegu-gu Office 105 (the 20-year-old age-) drinks with the Defendant and the victim’s male-gu, and locked the victim’s condition, and confirmed the victim’s condition; (b) when the victim’s strts kis down on the part of the victim’s breast, the Defendant kids down the victim’s head and part of the victim’s breast, and kids the victim’s part by placing the victim’s finger into the part of the victim’s mother.

이에 피해자가 “하지 마라.”고 말을 하며 몸을 비틀어 저항함에도 피고인은 피해자의 티셔츠와 브래지어를 걷어 올린 다음 피해자의 가슴을 움켜잡아 만지다가 입으로 빨고, 피해자의 음부도 입으로 빤 다음, 피해자가 더 이상 몸을 비틀면서 저항하지 못하도록 피해자의 몸 위로 올라가 피고인의 몸으로 누르고, 피해자의 양팔을 위로 잡고 피고인의 머리와 어깨로 피해자의 가슴을 눌러 피해자의 반항을 억압한 후 자신의 성기를 피해자의 음부에 삽입하는 방법으로 1회 간음하였다.

Accordingly, the Defendant raped the victim.

2. The conclusion of the judgment is the case falling under Article 297 of the Criminal Act, which can be prosecuted only upon the complaint of the victim under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the written agreement bound in the trial records, the victim's withdrawal of the complaint against the defendant on October 1, 2015, which was after the prosecution of this case, can be recognized.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.