Minor indecent act by compulsion)

2016.Saccincia33 (Joint Attachment Orders)

A

The request for the attachment order of this case is dismissed.

[Facts of Prosecution]

On April 25, 2016, at around 09:25, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") found the victim D (or 5 years of age) in front of the Dongjak-gu Seoul Metropolitan Government C Borrowing, and found the victim D (or 5 years of age) from the back of the victim himself/herself, and she humbly humbly humb humb humb humb humb humb humb humb humb humb humb humb hum

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

【Fact of Grounds for Attachment】

On December 12, 2014, the Defendant had been sentenced to a fine of 15 million won for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) at the Seoul Central District Court, but again committed the instant crime on at least two occasions, and the Defendant is found to have been guilty of committing the instant crime. According to the doctor’s opinion at the hospital’s attention, there is a high risk of repeating the instant crime.

2. Determination

According to the records of the death diagnosis report bound in the records of this case (Submission on January 9, 2017), since it is recognized that the defendant died on December 20, 2016, which was after the prosecution of this case, the prosecution of this case should be dismissed by decision pursuant to Article 328(1)2 of the Criminal Procedure Act. However, the public prosecution of this case shall be dismissed by decision in the case requesting an attachment order, and the request for the attachment order of this case shall be dismissed pursuant to Article 9(4)2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

Judges Kim Gin-han

Judges Park Jong-ok