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

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 under 19 years of age requested to attach an electronic tracking device to the person under 19 years of age, on the ground that the person under 19 years of age committed a sexual crime and is likely to recommit a sexual crime, as indicated in

2. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means the possibility of recidivism is insufficient solely on the possibility of recidivism, and it is highly probable that the person who requested an attachment order will de facto injure the legal peace by committing a sexual crime again in the future.

The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person against whom the attachment order is requested, the motive and means of the crime, the circumstances after the crime, and the situation after the crime. Such a determination is based on the time of judgment, since it is a constructive determination for the future.

(See Supreme Court Decision 2010Do7410, 2010Do444 Decided December 9, 2010, etc.). However, the following circumstances acknowledged by the records of the instant case, namely, ① the juvenile who is 15 to 18 years old at the time of committing the crime and whose perception or concept of sexual intercourse has not yet been fully established, ② there is no criminal history, ③ the person subject to the request for the attachment order, ③ his/her mistake and reflects against himself/herself, ④ his/her family members show intention to improve the character and conduct of the person subject to the request for the attachment order, ⑤ the person subject to the request for the attachment order, ⑤ the person subject to the request for the attachment order, who is a high school student with good academic records and excellent academic records, ⑤ the person subject to the request for the attachment order, has a special personal relationship with the victim who died more at his/her home.