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

1. The person against whom a request to attach an attachment order is made, has committed a sexual crime against a minor under the age of 19, and is highly likely to recommit a sexual crime in light of the background and method of the crime and the circumstances after the crime.

Therefore, the subject of the attachment order requires the attachment of the location tracking device (15 years) and the imposition of special matters to be observed (the victim's access prohibition and the completion of sexual assault treatment program 160 hours).

2. Determination

A. On December 6, 2018, the instant court rendered a ruling to jointly examine the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) and the instant case, which is a specific crime case against a person who requested an attachment order, and to transfer the case to the Juvenile Department of the Chuncheon District Court, which is the specific crime case, on December 6, 2018.

B. In a case where the Defendant case, which is a specific crime case, and the competent court of the case claiming the attachment order, issue a ruling to forward the case to the Juvenile Department, the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices, Etc. (hereinafter “Electronic Devices Attachment Act”) or the Juvenile Act does not explicitly provide for how to deal with the case claiming the attachment order.

① However, Article 50 of the Juvenile Act specifies the case subject to the Juvenile Department’s decision to forward the case as “Defendant case,” and the case subject to a request to attach an attachment order should be deemed as a separate claim having the nature of the security disposition. ② There is no institutional device for how to deal with the case subject to a request to attach an attachment order in the juvenile protection case because there is no express provision regarding the attachment of the device prior to location tracking in the juvenile protection case, and Article 4 of the Electronic Monitoring Act prohibits attachment of an electronic device until the age of 19 if the person subject to a request to attach an attachment order fails to reach the age of 19.