All requests for the instant attachment order and probation order are dismissed.

1. The phrase “homicides” under Article 2 subparag. 3-2 of the Act on the Electronic Monitoring, etc. of homicides (Article 2 subparag. 3-2) includes the crime of attempted murder, as stated in the grounds for the attachment order and the summary of the request for the attachment order and the person subject to the request for the probation order (hereinafter “person subject to request for the attachment order”).

There is a risk of recommitting murdering in light of the attitude, age, etc. of an act as a person who committed an act.

Therefore, a person who requested an attachment order requests an electronic device attachment order and a probation order.

2. Determination

A. On October 12, 2020, the instant court rendered a ruling to jointly examine the case of attempted murder and the instant case, which is a specific crime case against the person against whom the attachment order was requested, and rendered a ruling to transfer the instant specific crime case to the Juvenile Department with the Seoul Family Court.

B. In a case where the competent court of the Defendant’s case, the case of the case of the specific crime, the case of the case of the request for attachment order, and the case of the probation order, decides to send the case to the Juvenile Department, there is no explicit provision in the Act on the Attachment, etc. of Electronic Devices (hereinafter “Electronic Devices Act”) or the Juvenile Act as to how to deal with the case of the request for attachment order

① However, Article 50 of the Juvenile Act specifies the case subject to the Juvenile Department’s ruling as “Defendant case”. The case subject to the Juvenile Department’s ruling and the case subject to the Probation Order ought to be deemed as a separate claim having the nature of the Security Disposition. ② The Juvenile Act does not have any explicit provision regarding the attachment order and the probation order in the juvenile protection case, and there is no institutional system as to how to deal with the case subject to the attachment order and the case subject to the probation order in the juvenile protection case. ③ Articles 9(5) and 21-8 of the Electronic Monitoring Act are the case subject to the attachment order.