Whether a sentence prior to the enforcement of the Social Protection Act is against the protective custody disposition for criminal offenders and the principle of no punishment without the law (negative)

Even if the record of the respondent who was sentenced at least three times for the same or similar crime under the former part of Article 5 (1) 1 of the Social Protection Act had been committed before the enforcement of the same Act, the respondent for protective custody shall be subject to the protective custody disposition under the same Act, and it shall not be deemed that the same act violates the constitutional provision under the principle of no punishment without the law or the principle of no punishment without the law, as long as the crime of this case is included after the enforcement of the same Act.

Article 5 (1) of the Social Protection Act; Article 2 of the Addenda of the same Act; Article 12 of the Criminal Act

Supreme Court Decision 82Do1313, 82Ga262 Decided February 9, 1982

Defendant and Appellant for Custody

Defendant and Appellant for Custody

(National)Attorney Lee Woo-soo

Daegu High Court Decision 82No756,82No191 delivered on July 29, 1982

The appeal is dismissed.

The thirty-five days of detention days prior to the rendering of this judgment shall be included in the principal sentence.

As to the Defendant’s grounds of appeal by state appointed counsel, even if the record of the Defendant who was sentenced three or more times to imprisonment due to the same or similar crime under the former part of Article 5(1)1 of the Social Protection Act was committed prior to the enforcement of the above Act, since the Defendant committed the crime of this case corresponding to the same or a similar crime under the latter part of the above Act, the Defendant subject to protective custody disposition becomes a person subject to protective custody disposition under the above Act, and the above Act is not in violation of the principle of no punishment without the law or violation of the Constitution that provides the principle of no punishment without the law (see Supreme Court Decisions 82Do1313, 82Mono262 delivered on July 13, 1982, 81Do2897, 81Mo78 delivered on February 9, 1982), it cannot be argued that the lower court erred in interpreting and applying Article 5(1)1 of the Social Protection Act.

As to the Defendant’s ground of appeal

In this case where a sentence of less than ten years of imprisonment with prison labor cannot be deemed as the grounds of appeal for unfair sentencing. Therefore, the guidance of this case is groundless.

Therefore, the appeal is dismissed, and part of the detention days before the judgment is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)