The prosecutor's appeal is dismissed.

1. The judgment of the court below which dismissed the claim for the probation order of this case on the ground that the probation order requester against the summary of the grounds for appeal was sent to an unreasonable Juvenile Department, erred by misapprehending the facts as to the existence of the relevant grounds for probation

2. In light of the provisions of Articles 21-8, 9(4), and 21-5 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the lower court determined that the request for probation order of this case cannot be accepted inasmuch as the probation order of this case was decided to transfer the specific crime case against the person who requested probation order [the case where the Gwangju District Court 2019Da164, 175 (merged)] to the Juvenile Department in combination with the case of this case, on the premise that the probation order of this case can, in principle, be sentenced to imprisonment with prison labor for specific crime cases, and where the Juvenile Department decides to transfer the case to the Juvenile Department.