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(영문) 청주지방법원 2014.05.02 2013고합180
준강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. On April 27, 2013, the summary of the facts charged in the instant case: (a) the Defendant, at the drinking house called “D” located in Cheongju-si, a considerable amount of Cheongju-si, performed alcohol with the victim F, the victim F, and the victim’s friendship with the victim’s friendship, while playing alcohol; and (b) the victim’s friendship with the said E and the victim’s friendly club went into the house, she was able to take the victim under the influence of alcohol into the house.

On April 28, 2013, at around 03:28, the Defendant was under the influence of alcohol in front of the H main points in Cheongju-si, Cheongju-si, and was unable to make a sound by reporting the victim’s crypted, and to rape the victim’s remaining female, and to have the victim’s crypted hand on the body of the victim, knife his hand, knife his hand, and knife knife knife his knife, and the residents who were in the vicinity of Cheongju-si, were trying to rape.

Accordingly, the defendant was not able to rape the victim by taking advantage of the victim's failure to resist, but failed to do so.

2. The instant facts charged are the crimes falling under Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) 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. According to the records, it can be acknowledged that the “agreement” of the victim’s name stating the purpose of revoking the instant complaint was submitted to a party member after the instant indictment was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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