The prosecution of this case is dismissed.

Summary of Facts charged

1. Around 22:00 on July 12, 201, the Defendant discovered the victim E (the age of 26) with a physical disability Grade 2 who was frighted from the D plaza of Busan Dong-gu, and the Defendant: (a) discovered the victim E (the age of 26); and (b) made the victim “I ambling,” saying, “I ambling, I would like to introduce the victim “I ambly, as I ambly, I ambly and I am inside, I ambly, and I ambly 405 in his place.”

2. On July 13, 201, the Defendant, at around 01:20, committed an indecent act against a mentally ill person, committed an indecent act on the part of the victim, following the victim E (the 26-year-old age), and the victim, who was in physical disability Grade II (the 26-year-old age-old), who was feling by having the victim engage in an indecent act against the victim, at around 01.0, Busan East Felel 405, and was sexually imprisoned on the part of the victim, by inserting his sexual organ into the victim’s resistance.

Judgment

However, according to Article 296 of the Criminal Act, the above facts charged 1. are crimes falling under Article 288(1) of the Criminal Act and falling under Article 296 of the Criminal Act. The facts charged 2. are crimes falling under Article 302 of the Criminal Act, which can be prosecuted only upon the complaint of each victim under Article 306 of the Criminal Act. According to the statement of the certificate (agreement and withdrawal of complaint) submitted to this court, E, the complainant, can recognize the facts of revoking the complaint against the defendant on February 6, 2013, which is after the institution of the instant prosecution.

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