1. The first instance judgment: (1) The defendant was sentenced to imprisonment with prison labor for a short term of one year and two years at the Suwon District Court on February 18, 1953; (2) the defendant was sentenced to five years for special robbery at the Seoul Criminal District Court on November 3, 1960; (3) the execution of the sentence was terminated; (4) the defendant was sentenced to one year for night intrusion theft at the Seoul Criminal Court on October 27, 196; (4) the defendant was sentenced to one year for prison, and was sentenced to five years for prison life; and (5) the defendant was sentenced to five years for prison life at the same time; and (5) the defendant was sentenced to five years for prison life at the Seoul Criminal Court on July 16, 1974; and (5) the defendant was released from prison in his name after being sentenced to five years of imprisonment with prison labor at the Daejeon District Court on July 27, 1978; and (5) the defendant was released from his prison in his name on May 1, 1986.

2. Article 2 of the Social Protection Act provides that a person subject to protection shall be subject to protection; Article 5 (1) provides that a person subject to protection shall be subject to protection for ten years if the person subject to protection has been sentenced to imprisonment without prison labor or heavier punishment for at least three times for the same or a similar crime and at least five years in total commits the same or a similar crime again falling under death penalty, imprisonment with or without prison labor for life or for at least seven years within three years after he/she was sentenced to punishment for all or part of the final sentence or was exempted from punishment; and Article 6 (2) of the same Act provides that a person subject to protection shall be subject to protection for seven years if he/she is 50 or more years of age; and Article 6 (2) of the same Act provides that a person subject to protection shall be subject to protection for seven years of age if he/she commits a crime referred to in the same or a similar crime under the same Chapter [3] Where he/she commits a crime other than the Criminal Act [4]or any crime prescribed by any Act other than the Criminal Act [6] and the method or a similar crime.

3. According to the records, the defendant's prior convictions of (4) can be deemed to be sentenced to 4 years of imprisonment due to the fabrication of private documents, the uttering of such private document, and the habitual fraud crimes. Thus, the crime in this case belongs to the category of the same or similar crimes as above, but the criminal convictions of (1), (2), (3) cannot be deemed to belong to any of the above crimes. Thus, the defendant is merely sentenced to 4 years of imprisonment due to the crime of the same or similar kind as above and cannot be deemed to fall under the protective custody requirement of Article 5 (1) of the same Act, since the defendant was sentenced to 4 years of imprisonment due to the crime of the same or similar kind of crime in this case, the wife of the court below's judgment under protective custody as above is in violation of the Social Protection Act and its illegality has affected the conclusion of the judgment. Thus, the judgment of the court below is without merit.

Therefore, the judgment of the court below is reversed and remanded by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)