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Each request for the attachment order of this case shall be dismissed.
Reasons
1. A prosecutor of the summary of the request for attachment order: (a) based on Article 5(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the person subject to the request for attachment order requested the attachment order to attach an electronic tracking device on the ground that he/she committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime, as indicated in the attachment order.
2. Determination
A. On June 13, 2013, the court held that the above specific crime case constitutes a protective disposition under the Juvenile Act and rendered a ruling to transfer it to the juvenile department in the Changwon District Court pursuant to Article 50 of the Juvenile Act, after holding that the above specific crime case falls under the protective disposition under the protective disposition under the Juvenile Act with respect to the above specific crime case.
B. However, Article 9(4) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders does not explicitly stipulate cases where the Juvenile Department renders a ruling on the transmission of a specific crime case due to the dismissal of a request for an attachment order, but in light of the same provision, the same provision stipulates that the attachment order shall be dismissed even when a fine is sentenced (No. 3) with respect to the specific crime case, or a suspended sentence or suspended execution is sentenced (No. 4), the attachment order may be subject to the premise of the sentence of imprisonment and the execution thereof.
Therefore, it is reasonable to view that the case where a protective disposition under the Juvenile Act is decided to send the case to the Juvenile Department in the specific crime case constitutes a ground for dismissing the request for attachment order even if there is no express provision.
C. Even if not, it is based on the records of this case.