[공갈ㆍ보호감호][집29(3)형,109;공1982.3.1.(675),235]
A. Violation of the Punishment of Violence, etc. Act punishing a person who commits escape, larceny, crime of violence while in existence, crime of bodily injury resulting from violence, or crime of violence, violence, or intimidation, and whether the crime of extortion is "same or similar to that of Article 6 (2) of the Social Protection Act" (negative)
(b) Whether the crime of robbery is similar to the crime of injury by robbery (affirmative)
A. Criminal records of a violation of the Punishment of Violence, etc. Act, which punishs a person who commits escape, larceny, violence while continuing to exist, violence, or intimidation, and the crime of intimidation and the crime of intimidation are not "a similar or similar crime" under Article 6 (2) of the Social Protection Act.
B. The crime of robbery and injury by robbery are crimes similar to those of the above Article.
Article 6 (2) of the Social Protection Act
Defendant and Appellant for Custody
Prosecutor and Defendant
Attorney (Non-line)
Seoul High Court Decision 81No1655,81No166 delivered on August 19, 1981
Each appeal shall be dismissed.
The grounds of appeal by the defendant and the public defender are examined.
In light of the records, the judgment of the court below and the evidence duly adopted by the court of first instance are just in recognizing the principal offense and criminal records of the defendant, which the court of first instance decided, and there is no reason to see that the facts are erroneous or the sentencing is too excessive.
Next, the prosecutor's grounds of appeal are examined.
The judgment of the court below shall not be recognized as the same or similar crime as provided in Article 6 (2) 1 through 6 of the Social Protection Act between the crime of robbery (1) and (4) and (6) (7) and the crime of robbery, the crime of larceny, the crime of continuing violence, the crime of causing bodily harm to a lineal ascendant, the crime of causing bodily harm, and the crime of causing bodily harm or intimidation) and the crime of causing bodily harm as provided in Article 6 (2) 1 through 6 of the Social Protection Act: Provided, That the crime of causing bodily harm and the crime of causing bodily harm among the crimes in the judgment (5) shall be deemed as a crime similar to those provided in the above Act, in light of the form of the act and the protected legal interest and protection of the law, but the crime of causing bodily harm does not meet the requirements of Article 5 (1) of the Social Protection Act by applying Articles 20 (1) and 42 of the Social Protection Act to the defendant is just, and it is not justified in the misapprehension of legal principles of the Social Protection Act.
Therefore, all appeals by the prosecutor and the defendant are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Il-young (Presiding Justice)