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TITLE Supreme Court en banc Decision 2011Do15057, 2011Jeondo249 Decided March 22, 2012¡¼Rape and Battery¤ýRobbery and Battery¤ýInjury¤ýTracking Device Attachment Order¡½ [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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