강간등
1. The public prosecution against the part of the case of this case is dismissed.
2. The part of the judgment below regarding the attachment order.
1. The facts charged and the facts leading to the attachment order / The defendant and the person requesting the attachment order (hereinafter “defendant”) were sentenced to two years and six months of imprisonment for the crime of bodily injury resulting from rape in the Jinwon District Court’s Jinju branch on March 29, 1996. On October 16, 2001, they were sentenced to one year and six months of imprisonment for violation of the Punishment of Violences, etc. Act at the same court’s window support and were sentenced to a total of four times of violent crimes.
【Defendant and victim of the facts charged】 The defendant and victim are residing in other rooms of the same house.
On September 23, 2015, at the defendant's house located in Daegu Northern-gu C around 10:00, the defendant, after the victim D (n, 66 years of age), was separated and removed from the math, was raped by having sexual intercourse with the victim by putting the victim's shoulder, putting the victim's chest and negative part on the victim's shoulder, putting the victim's shoulder, putting the victim's shoulder on the defendant's room, putting the victim's shoulder, putting him on the defendant's shoulder, and forced him on the part, putting him on the defendant's room, putting him off his clothes, and her clothes on the part,
【The facts constituting the cause of an attachment order】 Defendant’s act of having committed a sexual crime on at least two occasions, and it is found that there is a risk of recommitting a sexual crime.
is recognized as a person.
2. On June 1, 2016, which was after the defendant filed an appeal, according to the records, the part of the case against the defendant was examined ex officio. Thus, as to the part of the case against the defendant, the public prosecution against the defendant should be dismissed pursuant to Articles 363(1) and 328(1)2 of the Criminal Procedure Act. However, as long as the part of the case of the attachment order is dismissed by judgment, the public prosecution against the part of the case against the attachment order shall be dismissed by judgment together with the part of the case.
3. As above, as to the part of the case regarding an attachment order, the Defendant died after filing a complaint and rendered a decision to dismiss the public prosecution against the specific crime case subject to a request for the attachment order, specific.