Criteria for determining the risk of recidivism as a requirement for protective custody.

The risk of recidivism as a requirement for protective custody requires a lack of possibility of recidivism and a considerable probability of recidivism. On the other hand, the criteria for judgment should be strictly determined by comprehensively taking into account various circumstances such as the age, family relation, academic background, occupation, means, method, motive, circumstances after the crime, and criminal records.

Article 5 (2) 2 of the Social Protection Act

Supreme Court Decision 85Do229, 85Do36 Decided March 26, 1985

Applicant for Custody

Prosecutor

Seoul High Court Decision 85No3140,85No390 Decided January 11, 1986

The appeal is dismissed.

We examine the grounds of appeal.

The risk of recidivism as a requirement for protective custody requires sufficient possibility of recidivism and a reasonable probability of repeating the crime. The standard of judgment should be strictly determined by comprehensively taking into account various circumstances, such as the age, family relation, academic background, occupation, means of crime, method, motive, circumstance after the crime, and criminal record, etc. of the requester subject to protective custody. In light of the records, it is difficult for the court below to readily conclude that the requester subject to protective custody has the risk of repeating the crime, and there is no violation of the rules of evidence or misapprehension of the legal principle, such as the theory of lawsuit, etc.

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

Justices Choi Jae-ho (Presiding Justice)