[영리유인ㆍ부녀매매ㆍ직업안정법위반ㆍ폭력행위등처벌에관한법률위반ㆍ보호감호][공1985.3.1.(747),296]
(a) Where the punishment provided for in Article 5 (1) 1 and (2) 1 of the Social Protection Act is the most severe among the crimes sentenced to concurrent crimes, the method of calculating the term of punishment provided for in the same Article;
B. Summary of recidivism in a necessary protective custody disposition under Article 5(1) of the Social Protection Act
A. As a matter of interpretation of Article 2 subparag. 2 of the Enforcement Decree of the Social Protection Act, in a case where, even though an applicant for protection was sentenced to concurrent crimes with a crime other than the crime of the same or similar kind, where the sentence specified in the same or similar crime is most severe, the entire term of the sentence should be added in calculating the term of the punishment stipulated in Article 5 subparag. 1 and subparag. 2 subparag. 1 of the Social Protection Act.
B. In the case of necessary protective custody pursuant to Article 5(1) of the Social Protection Act, the risk of re-offending is not a separate requirement.
Article 5 of the Social Protection Act, Article 2 (2) of the Enforcement Decree of the Social Protection Act
Supreme Court Decision 82Do354, 82Do65 Decided April 13, 1982, 83Do326 Decided September 13, 1983, Supreme Court Decision 83Do404 Decided October 25, 1983
Defendant and Appellant for Saryary Employment
Defendant and Appellant for Custody
Attorney Park Jong-woo
Gwangju High Court Decision 84No462,84No59 delivered on October 11, 1984
The appeal is dismissed.
The twenty-five days of detention days prior to the rendering of this judgment shall be included in the original sentence.
The grounds of appeal by the defendant and the defendant and the defense counsel are also examined.
1. According to the former part of Article 2 subparag. 2 of the Enforcement Decree of the Social Protection Act, with regard to calculation of the term of punishment under Article 5(1)1 and Article 5(2)1 of the Act, a requester for inmate for inmate protection is sentenced to punishment under the former part of Article 37 and Article 40 of the Criminal Act, and there are concurrent crimes other than the same or similar crimes, and where the punishment is the most severe, one half of the sentence sentenced shall be the term of punishment. Thus, even if the requester for inmate for inmate protection is sentenced to punishment for concurrent crimes with crimes of the same or similar kind other than those of the same or similar crime, the case where the most severe punishment prescribed for the same or similar crime is to be imposed shall be added to the total term of punishment under Article 5(1)1 and Article 5(2)1 of the Social Protection Act. According to records, the court below’s judgment of the first instance court which maintained the same or similar punishment under the premise that the requester for inmate for inmate for inmate for inmate protection has no unlawful punishment under Article 3(2) and Article 4(1) of the Criminal Act.
2. In the case of necessary protective custody under Article 5(1) of the Social Protection Act, there is no separate requirement that there is a risk of re-offending (see Supreme Court Decision 82Do354, 82Mo65, Apr. 13, 1982). Thus, the first instance court's decision maintained by the court below on the ground that there is no risk of re-offending to a person subject to protective custody, which applied Article 5(1)1 of the Social Protection Act, has no reason to criticize the measures subject to protective custody for 10 years by applying Article 5(1)1 of the Social Protection Act, and there is no reason that the ten-year protective custody period is unfairly extended, or that the defendant's imprisonment with prison labor for 10 years and 6 months is more severe, cannot be a legitimate
3. Therefore, the appeal shall be dismissed, and part of the detention days prior to the judgment shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju