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(영문) 서울중앙지방법원 2013.06.21 2012고합1641
준강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant works in the same workplace as the victim C.

Around 05:00 on September 12, 2012, the Defendant: (a) went off the victim under the influence of alcohol in the female-friendly family E house of Songpa-gu Seoul, Songpa-gu, Seoul; (b) attempted to put the victim’s clothes into the bend part of the victim’s sexual organ on his body, etc.; (c) attempted to rape the victim under the influence of alcohol by inserting the victim’s sexual organ on his body, etc.; and (d) attempted to sleep the victim with the victim’s ability to resist; (b) but, (c) failed to do so by strongly refusing the victim’s locking from the lock, “I are to go to go to the her seat.?”

2. The instant facts charged are crimes falling under Articles 300, 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 to the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11835, Jun. 7, 2013; hereinafter the same). According to the “certificate” attached to the trial record, the facts that the “written withdrawal of a complaint” of the victim’s name stating the purpose of revocation of the instant indictment was submitted to a party member, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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