In case of crimes sentenced to concurrent crimes and for which punishment under Article 5 (1) 1 and (2) 1 of the Social Protection Act is most severe, the method of calculating the prescribed term of punishment under the same Article;

Where an applicant for detention is sentenced to concurrent crimes with a crime other than the crime of the same or similar kind, or where the punishment prescribed for the same or similar crime is most severe, all of the term of punishment shall be added to calculation of the term of punishment under Article 5 (1) 1 and (2) 1 of the Social Protection Act.

Article 5 of the Social Protection Act, Article 2 subparagraph 2 of the Enforcement Decree of the Social Protection Act

Supreme Court Decision 84Do2471 Delivered on December 26, 1984

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Park Jin-chul

Seoul High Court Decision 86No2000 86No201 Decided September 16, 1986

The appeal is dismissed.

The period of detention pending trial after appeal shall be included in the imprisonment for thirty days.

The grounds of appeal by the defendant and the respondent for defense and the state appointed defense counsel are also examined.

(1) With respect to a criminal case:

In full view of the evidence presented by the court of first instance and maintained by the court below, it is not clear to the effect that the crime of this case is not based on habituality, or that the crime of this case reaches an attempted suspension.

(2) Regarding protective custody cases:

With respect to the calculation of a term of punishment under Article 5(1)1 and (2)1 of the Enforcement Decree of the Social Protection Act under the former part of Article 2(2) of the Act, where a person who requested custody was sentenced under the former part of Article 37 and Article 40 of the Criminal Act, a person who committed a crime other than the same or similar crime shall be sentenced to a prison term, and where a person who committed a crime other than the same or similar crime is sentenced under the latter part of Article 37 and Article 40 of the Criminal Act is sentenced to a prison term, a half of the sentence sentenced shall be deemed to be the prison term. Thus, even where a person requested custody is sentenced to concurrent crimes with a crime other than the same or similar crime, where the person subject to detention is the most severe punishment as prescribed by Article 5(1)1 and (2)1 of the Social Protection Act, all of the prison term shall be added (see Supreme Court Decision 84Do2471, Dec. 26

According to the records, the defendant and the respondent for protection (the claimant for protection before the defendant) can be recognized as having been sentenced to 10 months of imprisonment with prison labor for entering a residence and larceny at the Daejeon District Court on October 2, 1979, and 10,000 won of imprisonment with prison labor for the crime of violating the Punishment of Violence, etc. Act (in case of intrusion upon residence for the purpose of larceny), habitual larceny, occupational injury, etc., and 10,000 won of imprisonment with prison labor for two years and six months, and 10,000 won of fine at the Jeonju District Court on July 11, 1984 due to intrusion upon residence, larceny, violation of the Illegal Check Control Act, and 30,000 won of imprisonment with prison labor for 1 year and six months and 300,000 won of fine for the same or similar crime. Among them, the court below's decision that the sum of the punishment period under Article 5 (2) 1 and 2 of the Social Protection Act shall not be added up to the punishment of this case.

(3) Therefore, the appeal is dismissed, and part of the days of appeal after the appeal is to be included in the imprisonment under Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)