Main Issues
Whether some of the habitual offenders is subject to the Social Protection Act, and whether the same Act applies to the whole habitual offender.
Summary of Judgment
If some of the habitual offenders are subject to the Social Protection Act, the Social Protection Act is applied to the whole habitual offenders.
15 Judgment
[Reference Provisions]
Article 5 of Social Protection Act
Reference Cases
Supreme Court Decision 82Do600, 82Du115 Decided May 25, 1982
Defendant, Defendant and Appellant for Custody
Defendant and Appellant for Custody
upper and high-ranking persons
Defendant and Appellant for Custody
Defense Counsel
Attorney Seo-sik,
Judgment of the lower court
Daegu High Court Decision 84No857,84No160 decided October 6, 1984
Text
The appeal is dismissed.
The ten days of detention after the appeal shall be included in the imprisonment.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
According to the evidence employed by the judgment of the court of first instance, since it is sufficient to recognize the fact of the special obstruction of performance of official duties among the facts charged in this case, we affirm the measures of the court below that maintained it, and there is no violation of the rules of evidence such as the theory of lawsuit, so the arguments cannot be
2. As to the grounds of appeal by defense counsel
According to the judgment of the court of first instance maintained by the court below, the defendant's final termination of the execution of punishment is recognized as being October 3, 1980 and the so-called 11,12,13 of the so-called "so-called" of this case, which is a single comprehensive crime, was committed on November 15, 1983; 12.17, and 21 of the same year after three years have passed since then. However, if some of habitual offenders are subject to the so-called "Social Protection Act," it shall be subject to the application of the Social Protection Act (see Supreme Court Decision 82Do600, May 25, 1982). Thus, there is no objection to this.
Therefore, the appeal shall be dismissed, and one copy of detention days after the appeal shall be included in the imprisonment. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Chang-chul (Presiding Justice)