The criteria for determining whether the crime of larceny and stolen acquisition is "a similar or similar crime" under Article 6 (2) 6 of the Social Protection Act.

Whether larceny and stolen acquisition crimes are identical or similar to those of the crime, shall be determined in light of the nature of the crime, means and methods of the crime, tendency of the crime, and data on the type of the crime as prescribed in Article 6 (2) 6 of the Social Protection Act in preparation for the specific crime. In the absence of such data, it cannot be readily concluded that there exists the same or similar relationship between the crimes of the above two crimes.

Article 6 (2) 6 of the Social Protection Act

Supreme Court Decision 82Do401 Decided September 28, 1982

Applicant for Custody

Prosecutor

Seoul High Court Decision 82No1891, 854 decided October 15, 1982

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In light of Article 6 (2) 6 of the Social Protection Act (see Supreme Court Decision 82Do401, Sept. 28, 1982) regarding the crime of larceny and the crime of acquisition of stolen articles at the same time as the above crime of larceny or the crime of acquisition of stolen articles, it is hard to find that the defendant was punished by imprisonment with prison labor for not less than 6 months at the Daegu District Court on Oct. 14, 1961 as the crime of larceny and for not less than 6 months at the same time on Sep. 21, 1962, the defendant was sentenced to imprisonment with prison labor for not less than 1 year and not more than 1 year and not more than 1 year and 2 years from the Seoul District Court on Sep. 3, 196 to the same crime of larceny, and the defendant was sentenced to imprisonment with prison labor for not less than 1 year and 1 year and 17 years from the Seoul District Court on Sep. 14, 1967.

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

Justices Kim Young-ju (Presiding Justice)