Each request for the attachment order of this case shall be dismissed.

1. A prosecutor of the summary of the request for attachment order filed a request for attachment order, based on Article 5(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, on the ground that the person under 19 years of age committed a sexual crime against a person under 19 years of age and is likely to recommit a sexual crime, as stated in the attached Form, and that the person under 19 years of age

2. Determination

A. The court held that the case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) (hereinafter “specific crime case”) and the case of request for attachment order against the person against whom the request for attachment order was made concurrently examined. On February 20, 2014, the court rendered a ruling to transfer the specific crime case to the juvenile department in the Changwon District Court under Article 50 of the Juvenile Act, based on the judgment that the case constitutes a protective disposition under the Juvenile Act, and that the case constitutes a protective disposition under the Juvenile Act.

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 its execution with respect to the specific crime case.

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, the records of this case are recognized as follows.