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| TITLE | Supreme Court Decision 2011Do8124, 2011Jeondo141 Decided February 23, 2012[Violation of the Special Act on the Punishment of Sexual Crimes (Rape of Minors less than 13 Years of Age, etc.),Violation of [full Text] |
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| Summary | |
| [1] As a matter of construction of Articles 56 and 64 (1) of the Act on Probation, etc. which are special provisions for persons subject to military law including soldiers on service, whether probation, community service, and order to attend lecture can be ordered against persons subject to military law (negative) [2] Under ""the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders,"" in case where the court suspends the execution of a sentence against specific crime offenders, whether the court may order an electronic device attachment only when it orders probation (affirmative) [3] The case holding that the court below's order of electronic device attachment against Defendant is erroneous, since probation can not be ordered against person subject to military law under special provision of Article of 56 of the Act on Probation, etc. for persons subject to military law and an electronic device attachment order which presumes probation can not permitted as well, in case where the court suspends the execution of a sentence on sexual crimes committed by Defendant who is a soldier on service | |
