The prosecution of this case is dismissed.

1. Around 02:30 on May 31, 2013, the Defendant discovered and accessed the victim E (here, 19 years of age) who was under influence of alcohol on the Songpa-gu Seoul Metropolitan City D road and asked contact number, but the Defendant was raped by having the victim sexual intercourse once with the victim, who was 20 meters away from 20 meters away from the victim’s hand, with the victim’s mind that he/she would rape without any answer, and with the victim’s mind that he/she would be able to rape without any answer.

2. The facts charged in the instant case are crimes falling under Articles 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 written agreement of the victim prepared in the trial record and written statement of the written application, the victim may be found to have withdrawn the Defendant’s complaint on September 30, 2013, which is the date the instant prosecution was instituted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.