The request for the attachment order of this case is dismissed.

1. In light of the fact that the requester for the attachment order committed a sexual crime against the victim under 7 years of age as stated in the facts constituting the ground for the request for the attachment order, and that there was a history of indecent act against the minor victim prior to the instant case, the comprehensive risk of recidivism as a result of the investigation before the request was predicted to fall under the “Intermediate” level. The summary of the request is as follows: (a) the lack of awareness of the crime against the sexual crime and the characteristics of those under dynamic and behavioral control, etc. who have already committed the same kind of crime, such as leading up to the second case in order to meet their sexual desire; and (b) the opinion that “The possibility of leading to recidivism may be high; and (c) the requester for the attachment order is highly likely to prevent the same sexual crime; and (d) the requester for the attachment order requests the attachment order of an electronic tracking device based on Article 5(1)3 and 4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Device Attachment Act”).

A. On February 17, 2017, the instant court rendered a ruling to transfer the instant case to the juvenile department of the Ulsan District Court under Article 50 of the Juvenile Act on February 17, 2017, on the grounds that the Defendant, as a juvenile provided for in Article 2 of the Juvenile Act, was subject to a protective disposition, on the following grounds: (a) the instant case, which is a specific crime case against the Defendant, was in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.); (b) and (c) the instant case, which is a specific crime case against the Defendant

B. In such a case, if the competent court of the case where the specific crime case is the defendant and the case where the attachment order is requested, it is necessary to deal with the case where the protective order is executed against the defendant.