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(영문) 수원지방법원 2013.06.28 2013고합121
준강간
Text

The prosecution of this case is dismissed.

Reasons

1. On November 15, 2012, the Defendant: (a) moved the victim E (or, 27 years of age) at the D’s age club located in Suwon-gu, Suwon-si, Suwon-si, to a main place with the victim’s daily behaviors; and (b) performed drinking at around 03:50 on the same day after drinking the victim; (c) was discharged from the victim’s clothes in Suwon-si, Suwon-si, Suwon-si, Suwon-si, 603; and (d) was discharged from the victim’s clothes in the part of Suwon-si, Suwon-si, Suwon-si; and (e) was raped by taking advantage of the victim’s ability to resist; and (e) was sexual intercourse.

2. We examine the judgment. This is a crime falling under Article 299 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the statement in the letter of withdrawal of complaint filed in the court records, the victim can be recognized as having withdrawn the complaint against the defendant on June 28, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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