The request for attachment order against the person whose attachment order is requested shall be dismissed.

(b) The summary of the request for attachment order;

A. The person against whom the attachment order was requested (hereinafter “the person against whom the attachment order was requested”) committed rape with the victim who is a minor under the age of 13 at the same time by assault as follows:

(1) On August 2012, 2012, the respondent exceeded the clothes of the victim D (Woo, 12 years old), who was his relative relative with the television, and prevented the victim from resisting the part of the victim who resisted at a drinking time, and sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sound.

(2) On October 2012, the respondent exceeded the clothes of the victim who reported television at the ward of the above house, and prevented the victim from resisting by drinking the part of the victim who resisted the television several times, and sexual intercourse with the victim by inserting his sexual organ into the part of the victim.

B. Inasmuch as the respondent committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime, the respondent may request an order to attach a location tracking electronic device against the respondent pursuant to Article 5(1)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Act”).

2. Article 9(4) of the Act provides that the request for an attachment order shall be dismissed when suspension of execution (excluding the case of Article 28(1)), suspension of sentence, or fine is sentenced, acquittal, or dismissal of a public prosecution is ruled or decided with respect to the specific crime case.

In addition, in full view of the purport of the above law, the sentence of an attachment order can be imposed only when the sentence of imprisonment is imposed with prison labor for the specific crime case except for the cases of exceptions such as Article 28(1) of the Act, and otherwise, the request is made when the court decides to send the case to the Juvenile Department.