In the proviso of Article 5(1) of the Social Protection Act, the standard period for determining "the age of fifty" or "the age of fifty".

Article 5 (1) (proviso) of the Social Protection Act refers to a case where 50 years of age or older is based on the time of sentencing, and it is not based on the time when protective custody begins after the execution of concurrent punishment pursuant to Article 23 (1) of the same Act.

Articles 5(1) and 23(1) of the Social Protection Act

Defendant

Attorney Park Jae-il (National Ship)

Seoul High Court Decision 81No2573,81No340 decided Nov. 20, 1981

The appeal is dismissed.

35 days under detention after an appeal shall be included in the original sentence.

The grounds of appeal by the national defense counsel are examined.

According to Article 5 (1) of the Social Protection Act, "a person subject to protection shall be punished by imprisonment with prison labor for a period of ten years if he falls under any of the following subparagraphs: Provided, That if a person subject to protection is 50 years of age or older, he shall be punished by seven years of age or older; however, if a person subject to protection is 50 years of age or older, the term "if the person subject to protection is 50 years of age or older" refers to the case at the time when the court below declares the sentence, and it cannot be interpreted that the period when the person subject to protection begins after the execution of concurrent punishment pursuant to Article 23 (1) of the same Act. This is because the execution of the sentence is terminated at the time of sentencing and it cannot be predicted when the protective custody begins. Accordingly, unlike this opinion, it is groundless that the court below's decision is against Article 5 (1) of the same Act if the defendant is subject to protective custody after completing the execution of the sentence,

Then, the defendant's grounds of appeal are examined, in short, that the sentencing is excessive. This cannot be viewed as legitimate grounds of appeal in this case where a sentence of less than 10 years was sentenced to imprisonment. Thus, the arguments are groundless.

Therefore, the defendant's appeal shall be dismissed, and 35 days of pre-trial detention after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)