Whether the crime of injury and attack constitutes “a crime of same or similar kind of crime” (negative)

The act of causing bodily harm to another person and causing bodily harm if he/she did not deliver money or goods to another person, the act of causing bodily harm to another person cannot be deemed as "a similar or similar crime" under Article 6 (2) of the Social Protection Act, and the same shall also apply to the case where the motive of the above bodily harm was not 50 won of travel expenses.

Articles 257(1) and 350 of the Criminal Act; Article 6(2) of the Social Protection Act

Applicant for Custody

Prosecutor

Seoul High Court Decision 83No3000, 83No602 Decided March 8, 1984

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the facts established by the court below, the defendant's previous criminal records dated February 27, 1976 and the defendant's previous criminal records were spawned from drinking and spawned, and the defendant's previous criminal records and criminal events room of August 1, 1980 are threatening that if the victim does not deliver money and goods to the victim, it would cause physical harm. The defendant's previous criminal records and criminal events room of June 30, 1981 would threaten the victim to spawn for physical harm if it would cause physical harm if it would not be provided. Thus, the defendant's previous criminal records and criminal events room of June 30, 1981 and received spawn from the care room and custody room of February 27, 1976 and the defendant's previous criminal records of August 1 and June 30, 1981 cannot be viewed as being "the defendant's previous criminal records of this case's second criminal records and dismissal of the defendant's previous criminal records of this case's second criminal records or a similar opinion."

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

Justices O Sung-sung(Presiding Justice)