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The prosecution of this case is dismissed.
The request for the attachment order of this case is dismissed.
Reasons
Public Prosecution Rejection Parts
1. On April 18, 2010, at around 05:00, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) attempted to commit rape by cutting off the victim’s chest by hand after driving away the victim’s F (n, 25 years of age), returning home to Guro-gu, Seoul, with the victim’s her hand, and pressureing the victim’s her neck. However, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) attempted to commit the crime by voluntarily stopping the crime.
2. The instant facts charged are crimes falling under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when a victim files a complaint pursuant to Article 306 of the same Act. According to the statement of “written agreement and written application for non-prosecution of punishment,” which is bound in the public trial record, it can be acknowledged that the victim expressed his/her intent to revoke the Defendant’s complaint on March 27, 2014, which was the date when the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.
Part of the Request for Attachment Order
1. The summary of the claim is not only recognized that the Defendant committed a sexual crime on at least two occasions, and it is likely that the Defendant will repeat the crime even if he was punished on the basis of the above habitive wall, and even if released therefrom, it is deemed that there is a need to take additional measures to protect the Defendant’s body by tracking his criminal conduct to re-socialize through the Defendant’s recidivism and the correction of personality and behavior.
2. The judgment of this case constitutes a judgment dismissing a public prosecution regarding the specific crime case, and thus, the request for the attachment order of this case is dismissed pursuant to Article 9(4)2 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
It is so decided as per Disposition for the above reasons.