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(영문) 서울중앙지방법원 2012.03.27 2013고합68
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. At around 02:00 on August 2, 2012, the Defendant entered as a scheme for female employees in a lodging room in Suwon-si, Suwon-gu, Suwon-si, the Defendant: (a) viewed the arms of the victim D (num, 47 years old); (b) was seated in the lock; (c) the victim was seated in the lock; (d) the Defendant was her seated; and (e) was her seated; and (e) was her seated; and (e) was her seated; (d) was her seated; (e) was her hand off; (e) her body was cut off; (e) her body was cut off; (e) her body was tight; and (e) her pans the victim’s pan; and (e) tried to rape with the victim’s pans by inserting the Defendant’s sexual organ into the part of the victim’s body; (e) the victim did not have attempted to commit so.

2. The facts charged in the instant case are crimes falling under Articles 300 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 each of the written withdrawal of a complaint and written agreement bound in the trial records, the victim D can recognize the fact of revoking the Defendant’s complaint on January 25, 2013, which was the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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