The prosecution of this case is dismissed.

1. Around 07:00 on June 2, 2013, the Defendant, at the underground guest room in Mapo-gu Seoul Metropolitan Government, tried to rape after having sexual intercourse with the victim by preventing the victim from resisting the victim by taking the victim’s head into his/her hands or by preventing him/her from going against the victim’s two descendants by taking the victim’s head from going against, or by preventing him/her from going against, the victim’s two descendants. However, the Defendant attempted to rape after having sexual intercourse with the victim by failing to go against the victim’s request for constant resistance and resistance against the Defendant and help out of the room.

2. The facts charged in the instant case are those 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); Article 306 of the former Criminal Act.

However, since the victim revoked the complaint on December 5, 2013, which was after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.