The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios and misunderstanding of facts) should be deemed that the sentence of an attachment order is based on the sentence of imprisonment with prison labor and the execution thereof for the specific crime case. As such, the court below determined that the request for attachment order should be dismissed even in cases where the case of the specific crime case is not guilty or a dismissal of prosecution is dismissed, or a fine is imposed, suspended sentence, or suspended sentence is rendered. However, it is difficult to view that the request for attachment order should be dismissed as a matter of course on the sole ground that the case was remanded to the Juvenile Department

In addition, the crime of this case is a crime committed against an unspecified general public; the person subject to a request to attach an attachment order received juvenile protective disposition by the Jeonju District Court 2010Ma571 on July 26, 2010 on the ground of the criminal facts committed by indecent act on the part of an unspecified general public; the person subject to a request to attach an attachment order is highly sexual impulses to the extent that he/she does not control his/her sexual impulses; and as a result of the investigation conducted before the probation office, the risk of recidivism by the person subject to the request to attach an attachment order is

Therefore, the order of the court below that dismissed the request for the attachment order of this case is unfair.

2. Determination

A. Although the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) or the Juvenile Act does not explicitly provide for how a case involving a specific crime should be dealt with when the competent court of the case involving the case involving the attachment order, which is a specific crime case and the case involving the attachment order, determines that the protective order is appropriate, the defendant case, which is the case involving the attachment order, and the competent court of the case concerning the attachment order, shall dismiss the acquittal suit against the specific crime case. However, Article 9(4) of the Electronic Monitoring Act provides that the request for the attachment order shall be dismissed by judgment.