The prosecution of this case is dismissed.

1. Around May 23, 2012, the summary of the facts charged in the instant case: (a) around 04:56 on May 23, 2012, the Defendant again had sexual intercourse with the victim E (the age of 18) who, as the Defendant, took advantage of the victim’s state of refusal to resist; (b) took advantage of the victim’s state of refusal to resist; and (c) rejected the victim’s refusal to take advantage of the victim’s condition of refusal to resist; and (d) took advantage of the victim’s refusal, the Defendant again had sexual intercourse with the victim once again.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. We examine the judgment, and the facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and may be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act.

However, according to the agreement on the preparation of the complainant submitted on June 4, 2013 in this court, the complainant expressed in this court his intention not to be punished against the defendant on May 30, 2013, which was after the prosecution of this case, on May 30, 2013. The victim's complaint against the defendant was lawfully revoked.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.