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The prosecution of this case is dismissed.
The request for the attachment order of this case is dismissed.
Reasons
1. The facts charged and the facts constituting the ground for the attachment order [the facts charged] Around 09:25, the Defendant and the person requesting the attachment order (hereinafter “Defendant”) discovered the victim D (5 years old) in the street before the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government C lending on April 25, 2016, and the victim kidds the victim by using the victim’s hand from the victim’s back to the victim’s own side, and prevented the victim from leaving the victim from leaving the kids and leaving the victim go against the victim, and then the victim was breadd by his hand.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
[The facts leading to the attachment order] On December 12, 2014, the Defendant had been sentenced to a fine of KRW 15 million in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) at the Seoul Central District Court on December 12, 2014, and again committed the instant sexual crime on at least two occasions, and there is a high risk of recidivism as it is likely that the instant sexual crime might be committed more than once.
2. According to the records of the medical certificate of death bound in the records of this case (to be submitted on January 9, 2017), the Defendant’s death on December 20, 2016, which was after 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 where the request for attachment order was filed, and the request for attachment order of this case shall be dismissed pursuant to Article 9(4)2 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Installation, Etc., and it is so decided as per Disposition.