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

1. A person against whom a request to attach an electronic device is made, in collusion with C, D, etc., to commit a sexual crime against a victim E or F who has a mental disorder, and thus, is likely to recommit a sexual crime, the person against whom a request to attach an electronic device is made pursuant to Article 5(1)5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Act”).

2. Determination

A. Article 9(4) of the Act provides that a judgment of innocence, acquittal, or dismissal of prosecution shall be rendered, or a fine, suspension of sentence, or suspension of execution shall be listed in the case of a specific crime. In light of the overall purport of the above Act, Article 9(5) of the Act provides that a judgment of the case of a specific crime shall be rendered concurrently with the judgment of the specific crime case, and the sentence of an attachment order shall be deemed premised on the sentence of imprisonment and the execution thereof. Thus, the request for the attachment order shall be dismissed even in cases where a judgment of the juvenile department, which is not a judgment, is rendered with respect to the specific crime case.

B. However, the instant court rendered a ruling to jointly examine the instant specific crime case and to forward the instant case to the juvenile department of the Suwon District Court on December 27, 2013, since the instant case, which is a specific crime case against the person who requested the attachment order, was in violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) and the instant case, which is a specific crime case against the person whose attachment order was requested, the request for the attachment order of this case

C. Even if it is not so, the person who requested an order to attach an electronic device is not only a criminal punishment record, but also a person who is under the age of having no record of juvenile protective order, and it is difficult to see that sexual attitude and concept have been established, and it appears that it resulted in the instant crime.