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(영문) 의정부지방법원 고양지원 2013.03.22 2012고합470 (1)
준강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. On October 28, 2012, around 07:40, the Defendant discovered the victim E (n, 43 years old) who was drunk and a railed in order to take a breath around 07:40, Goyang-dong, Yongsan-gu, Yongsan-gu, Goyang-si, and called the victim, but the victim did not have a proper answer due to drinking, so the Defendant was able to rape the victim by taking the victim’s arms into the Defendant’s hand, and she went to the telecom by cutting the victim’s knife with the Defendant’s knife with another hand.

At around 07:50 on the same day, the Defendant, at around 07:50, was placed off the victim’s external speculation and swegs in a state of unable to resist due to alcohol under the influence of alcohol, and went off from the victim’s swegs, and tried to rape the victim, but the police officer dispatched to the site on the spot after receiving a report of 112, did not commit an attempted crime.

2. The facts charged in the instant case are those falling under Articles 300, 299, and 297 of the Criminal Act, which can be prosecuted only when a victim files a complaint under Article 306 of the Criminal Act.

However, according to the statement on the written withdrawal of the victim's complaint submitted to this court, the victim can recognize the fact that the victim revoked the defendant's complaint on March 19, 2013, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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