The prosecution of this case is dismissed.

The summary of the facts charged of the instant case is that “the Defendant, at around 01:10 on February 3, 2012, 201, performed sexual intercourse by drinking alcohol with the victim D (at the age of 19), who had been a son at the house of the Defendant located in the 401 Sinsan-si building C, with the intent to rape the female, going beyond the victim’s body, going up with the victim’s hand, let the victim knife the victim’s hand, let the victim resist, and prevented the victim from resisting the victim’s clothes, and sexual intercourse once.”

This is a crime falling under Article 297 of the Criminal Code, which can be prosecuted only when the victim's complaint is filed under Article 306 of the Criminal Code. According to the written agreement written by D which is bound in the trial records, it can be acknowledged that the agreement between the defendant and D, the complainant, stating that "I will not raise any civil or criminal objection in the future, because I have reached an agreement with each other on the suspect's case subject to prosecution," was submitted to this court on May 15, 2013.

As a result of the submission of the above agreement, D, who wishes to punish the defendant in this case, voluntarily deemed to have cancelled the complaint against the defendant on May 15, 2013, which was after the institution of the indictment in this case (see Supreme Court Decision 2001Do6777, Jul. 12, 2002). Accordingly, the indictment in this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.