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(영문) 부산고등법원 (창원) 2017.02.15 2016노346
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecution of this case, the request for attachment order, and the request for the observation order are all dismissed.

Reasons

1. The facts charged and the facts leading to the order to observe the attachment order / [the facts charged] The defendant and the requester for the attachment order and the requester for the attachment order (hereinafter referred to as the "defendant") had the victim C (here, 12 years of age) from B around 2015, to see the defendant's grandchildren in his/her residence in Sacheon-si D, and had his/her intent to force the victim to commit an indecent act.

On November 23, 2015, at around 16:30 on November 23, 2015, the Defendant: (a) left behind the victim, etc., waiting for the Defendant’s grandchildren to return to the bath in writing; (b) left the victim’s right chest in front of the clothes; (c) continued to leave the victim on the floor; and (d) left the victim’s right chest in his hand.

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

【The facts constituting the cause of the attachment order and the protective observation order】 Defendant 1 committed a sexual crime against a victim under the age of 19, and is likely to recommit a sexual crime.

2. Prior to the judgment on the grounds for dismissing a public prosecution and dismissing a claim, the following facts are acknowledged as to the death of the defendant on February 5, 2017, which was after the prosecutor filed an appeal. Thus, pursuant to Articles 363(1) and 328(1)2 of the Criminal Procedure Act, the public prosecution against the part of the defendant shall be dismissed by decision pursuant to Articles 363(1) and 328(1)2 of the Criminal Procedure Act, and the public prosecution against the part of the case of the defendant shall be dismissed by decision pursuant to Articles 363(1) and 328(1)2 of the Criminal Procedure Act. However, as long as the request for an attachment order and for an order for observation of the protection order of the instant case are dismissed by decision

Pursuant to Articles 9(4)2, 9(5), and 21-8 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the request for the attachment order and the protective observation order of this case shall be dismissed. It is so decided as per Disposition.

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