Since habitual sexual intercourse refers to a habitor of a criminal who repeatedly commits a crime, one of the criteria for recognizing the risk of repeating a crime under the Social Protection Act can be determined. However, it cannot be determined that a person subject to protection is not likely to commit a crime in the future, i.e., the risk of repeating a crime. Therefore, the court below's decision that the risk of repeating a crime does not constitute a violation of logical rules or an misunderstanding of legal principles on the ground that the court below acknowledged the habitual nature of the crime committed by the person subject to protective detention and did not recognize the risk of repeating a crime. Thus, it is just that the court below's decision that the person subject to protective detention does not recognize the risk of repeating a crime by taking into account various circumstances such as the age, health condition, motive of the crime, period of the crime committed before and after the release, and the records of the crime

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Il-young (Presiding Justice)