This case shall not be under the jurisdiction of the court.

1. The outline of the request for probation order shall be as shown in the attached Form;

2. Case progress

A. On October 15, 2019, the person against whom the probation order was requested was prosecuted due to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), etc. on the part of this court 2019Da831, and on November 20, 2019, the date of adjudication was designated as December 13, 2019 upon the closure of pleadings.

B. On or after December 12, 2019, the day immediately before the date of sentence, the prosecutor filed a request for probation order against the person against whom the probation order was requested on or after December 18, 2019 due to the grounds under subparagraph 1 of Article 21-2 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), and filed an application for the consolidation of specific crime cases against which the prosecution was filed and arguments.

C. However, on December 13, 2019, the court rendered a ruling of the suspension of the execution of two years with respect to the above specific crime case in which the aforementioned request for probation order was not filed together. D. The court rendered a ruling of the suspension of execution of three years with respect to the above specific crime case.

With respect to the above specific crime case, only the prosecutor filed an appeal on December 18, 2019, and the appeal is pending in the appellate court as Seoul High Court 2020No51.

3. Determination

(a) A request for an attachment order under Articles 5 (Request for an attachment order of an electronic device) and 5 (Request for an attachment order of an electronic device) and 5 (1) through (4) of the Electronic Monitoring Act shall be made by the time the appellate brief of the specific crime case in which the prosecution

Article 7 (Jurisdiction over Requests for Attachment Orders) (1) The jurisdiction over cases of requests for attachment orders shall be subject to the jurisdiction over the specific crime cases examined simultaneously with the cases of requests for attachment orders.

(2) The first trial for which a request for attachment order is filed shall be under the jurisdiction of the collegiate panel of a district court (including the collegiate panel of a district court and a branch court

Article 9 (Judgment, etc. on Attachment Orders) (5) A judgment on the case for which a request for attachment order is made shall be sentenced simultaneously with a judgment on the specific crime case.

Article 21-2 (Request for Probation Orders) A prosecutor shall fall under any of the following subparagraphs: