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The prosecution of this case is dismissed.
Reasons
1. On March 6, 2013, the Defendant: (a) around 04:30, the Defendant: (b) reported that the Victim E was diving in the Young-gu, Young-si C and the Dogs or the surface of the water room located in Suwon-si, Suwon-si; (c) committed an indecent act by force against the Victim by drinking the Victim’s sexual organ by taking care of the Victim’s sexual organ with his/her hand, leading the Victim’s upper arms to his/her sexual organ, leading the Victim to his/her sexual donation.
2. The facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, and 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 letter of withdrawal of a complaint, the victim's withdrawal of the complaint against the defendant on January 29, 2014, which was after the prosecution, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure