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(영문) 수원지방법원 2013.05.28 2013고합265
준강간
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant puts a writing on the Internet “H” website to seek a studio stud, and then, the victim I (24 years old) will come together at the office at the latest and late night, with the intention of having sexual intercourse with the defective victim.

Therefore, the Defendant, at around 01:00 on January 25, 2013, talked about the conditions of residence with the victim at the Defendant’s house located in Young-gu J 204, Young-gu, Suwon-si, Suwon-si, Suwon-si, and had late time for the victim. The victim, who was locked, kidddddddddd, kids the original ice, kid by walking the victim with the victim above, and had sexual intercourse by inserting the Defendant’s sexual organ into the

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Judgment

However, this case is a crime falling under Articles 299 and 297 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 306 of the Criminal Act. According to the agreement and the withdrawal of a complaint filed in the trial records, the victim can be recognized on May 21, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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