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TITLE Supreme Court en banc Decision 2011Do15057, 2011Jeondo249 Decided March 22, 2012【Rape and BatteryㆍRobbery and BatteryㆍInjuryㆍTracking Device Attachment Order】 [full Text]
Summary
[1] Whether “a prior record of juvenile protective disposition” is included in the phrase “where a sexual crime was committed on at least two occasions (including a final conviction)” under Article 5(1)3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as an element for seeking an order for tracking device attachment (negative)
[2] Where the Defendant, with a record of receiving juvenile protective disposition, committed rape and battery, and a tracking device attachment order was sought pursuant to Article 5(1)3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the case upholding the lower court’s judgment dismissing the petition for a tracking device attachment order on the ground that it did not constitute “where a sexual crime was committed on at least two occasions”
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