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(영문) 부산지방법원 2013.09.24 2013고합463
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. Around 22:00 on March 20, 2013, the Defendant discovered the victim E (the age of 40) who did mixed drinking while living in a plaza located in Busan Dong-gu, Busan, while drinking in the same manner as the victim’s house. Around March 20, 2013, the Defendant: (a) discovered the victim E (the age of 40); and (b) caused the victim to drinking in the same manner as the victim’s house.

At around 23:00 on the same day, the defendant went in the defendant's house located in the F apartment 103 306 dong 306, 103, 103, 306, and forced the victim's stitts and satts, and forced the victim's face to drinking one time, and continued to get off the house, and followed the victim's hair and body, and tried to get out of the house, and led the victim's hair and body to get out of the house, but the victim tried to get out of the house, and continued to go back with the wind, and she attempted to get out of the house.

2. We examine the judgment. The above facts charged are crimes falling under Articles 300 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 306 of the former Criminal Act. According to the written agreement and the written statement and relevant evidence of the written application in the name of the victim E filed in the records, the victim E can be acknowledged on August 29, 2013, which was the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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