The prosecution of this case is dismissed.

The judgment below

The prosecutor's appeal on the part of the claim for attachment order is dismissed.

1. Facts constituting the offense charged and the facts constituting the ground for requesting an attachment order

A. On July 17, 2016, the Defendant forced indecent act committed an indecent act by force against the victim, by putting the victim’s shoulder on his/her hand while drinking together with the victim E (inns, 54 years of age, 54 years of age and 54 years of age) and two other persons, where the Defendant was accommodated in Seongbuk-gu Seoul Special Metropolitan City, Sung-gu, Sung-gu, Seoul Special Metropolitan City, by force, committed an indecent act against the victim, according to the victim’s suffering.

B. The Defendant injured by rape entered a nearby alley path in front of the Sungnam-gu Seoul Special Metropolitan City on August 8, 2016, 05:12, where he or she had been playing together with the elderly, he or she entered a nearby alley path.

The victim J (WW, 43 years old), who reported the change, tried to engage in sexual intercourse by cutting off the defendant's shoulder, raising the part of the victim's shoulder, and preventing the victim from resisting it, but the victim failed to do so on the wind, and the victim was forced to commit such sexual intercourse, and the victim was forced to take off the victim's shoulder in the process, and faced with the wall of the bar of the number of days of treatment, thereby causing the victim to suffer an infinite of the bar of the number of days of treatment.

[The facts constituting the cause of the attachment order] A person who requests an attachment order to the victim is found to have committed a sexual crime more than twice and the habit of the sexual crime is recognized, and there is a risk of recommitting a sexual crime.

2. According to the citizen inquiry, etc. bound in the judgment records, the fact that the defendant died on August 12, 2017, which was after the filing of the instant appeal.

Therefore, with respect to Defendant case, the public prosecution of this case should be dismissed by ruling in accordance with Articles 363(1) and 328(1)2 of the Criminal Procedure Act. However, the public prosecution of this case shall be dismissed by judgment along with the request for attachment order as seen below.

Meanwhile, with respect to the case of the request for attachment order, the request for attachment order of this case shall be dismissed in accordance with Article 9(4)2 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. Therefore, the judgment of the court below with the same conclusion shall be justified and the appeal of the prosecutor shall be dismissed in accordance with the Criminal Procedure Act.