(Indecent Act by Compulsion626, etc.)

【Criminal Facts】

(a) Indecent acts by compulsion;

1) On January 13, 2017, around 22:00, the person subject to a request to attach an attachment order: (a) sent the victim’s chest at the victim’s new ○○ (n, 48 years of age) on his/her own hand at the 'B’ counter at the window of Changwon-si; and (b) committed indecent act by force on the part of the victim. (c) On February 6, 2017, the person subject to a request to attach an attachment order had the victim’s chest on his/her own hand from the front son on his/her own hand at around 22:00.

3) On February 9, 2017, around 22:00 on February 9, 2017, the person subject to a request to attach an attachment order: (a) committed indecent act by force by force against the victim’s chest by a single hand.

B. On January 22, 2017, a person who requested an order to attach an order to an indecent act by force was forced to commit an indecent act by force, even though the victim’s 00 (e.g., 50 years of age) was different from the victim’s C at the window of Changwon-si around 22:30 in order, and the business hours end, and the victim’s hacks the victim’s shoulder with his hand, and attempted to commit an indecent act by force. However, the victim’s hacks the victim’s hack with his hand and attempted to commit an attempted act by force.

[Risk, etc.] In addition to the case of this case, the respondent for an attachment order issued a summary order of KRW 2 million by force by force on January 5, 2010, which was sentenced to a fine of KRW 5 million by force on January 5, 2010, and on December 20, 2012, the Changwon District Court sentenced two years of suspension of execution by force on June due to indecent act by force on December 20, 201, as seen above, the victims have committed sexual assault crimes more than twice and their habits are recognized. The risk assessment degree of the victims of the Korean sex crime (K-STRAS), the application degree of the risk assessment method of the sex offender(PCL-R), the application of the PCS(PCL-R), the overall circumstances of the crime, or the attitude of life, etc. is "high risk of recidivism", and the respondent for an attachment order does not recognize the seriousness of this case and denies part of the crime.

2. Facts of recognition;

According to the records of this case, the following facts are recognized.

(1) On March 9, 2017, a public prosecutor belonging to the original district public prosecutor’s office filed a public prosecution against a person who requested attachment order on the charge of indecent act by compulsion, etc. on the charge of the above criminal facts, etc. at the original district court.

② On April 4, 2017, the Changwon District Court rendered a judgment of conviction against the above criminal facts and sentenced the person requesting attachment order to two years, etc. (the Changwon District Court 2017No626). On April 5, 2017, the person requesting attachment order appealed against the above judgment.

④ On April 10, 2017, a public prosecutor belonging to the original district public prosecutor’s office requested the original district court to issue the instant attachment order against the person who requested the attachment order.

⑤ On April 10, 2017, the person against whom the attachment order was requested submitted a written withdrawal of appeal to the Changwon District Court. The said judgment became final and conclusive on April 12, 2017 as the withdrawal of appeal by the person against whom the attachment order was requested.

3. Determination

Article 7 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as the "Electronic Monitoring Act") provides that "The jurisdiction of the case of request for attachment order shall be subject to the jurisdiction of the specific crime case of which the case of request for attachment order is examined simultaneously with the case of request for attachment order," and Article 9 (5) provides that "The judgment of the case of request for attachment order shall be sentenced simultaneously with the judgment of the specific

As seen earlier, the judgment of the Changwon District Court 2017 Godan626 case, which is a specific crime case, was rendered and the attachment order of this case was requested, and the above judgment became final and conclusive on April 12, 2017, since only the person who requested the attachment order, appealed the appeal against the above judgment, and the person who requested the attachment order withdraw the appeal and the above judgment became final and conclusive on April 12, 2017, the judgment on the claim for the attachment order

Thus, the request for the attachment order of this case constitutes a case where the procedure is invalid in violation of the provisions of the law, and thus, the request for the attachment order of this case is dismissed pursuant to Article 35 of the Electronic Monitoring Act and Article 327 subparagraph 2

Judges Kim Gin-soo

Judges flooded Jins