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(영문) 창원지방법원 2013.08.01 2013전고30
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

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

A. The instant court’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “specific crime case”) against a person whose attachment order was requested, including a minor, minor, etc. (hereinafter “specific crime case”).

B) Article 9(4) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders does not explicitly stipulate the case of the Juvenile Department on the grounds of dismissing the request for an attachment order. However, in light of the fact that Article 9(4) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders does not explicitly stipulate the case of the case of the specific crime, the attachment order can be imposed on the premise of the sentence of imprisonment and the execution thereof. In light of the fact that Article 9(4) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders provides that the case of the specific crime shall be punished by a fine (Article 3) or the suspension of sentence or suspension of execution (Article 4).

Therefore, it is reasonable to view that the case where a protective disposition under the Juvenile Act is judged necessary and the case is remanded to the Juvenile Department in relation to 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.

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