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The prosecution of this case is dismissed.
Reasons
1. Around 12:00 on March 11, 2013, the Defendant, at the house of the victim D (Inn, 19 years old) located in Gwangju Northern-gu C, and at the house of the victim D (inn, 19 years old) who was living together with the victim, was suffering from rape.
피고인은 피해자의 옷 안에 손을 집어넣어 피해자의 가슴을 만지고 피해자를 엎드려 눕게 하여 피해자의 허리를 입으로 핥고 피해자의 양 손목을 잡아 피해자의 반항을 억압한 다음, 피해자의 바지와 팬티를 벗겨 피해자의 음부를 만지고 피해자를 1회 간음하였다.
Accordingly, the Defendant raped the victim.
2. In the instant case falling under Article 297 of the Criminal Act, a public prosecution may be instituted only when the victim files a complaint pursuant to Article 306 of the Criminal Act.
According to the written withdrawal of a complaint submitted by the victim D to this court, the victim can be acknowledged on April 19, 2013, which was after the institution of the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.