In the case of falling under the requirements for care and custody under Article 5 (1) 1 of the Social Protection Act, the summary of the deliberation and determination on the risk of recidivism.

If the defendant's act constitutes a protective custody requirement under Article 5 (1) 1 of the Social Protection Act, it is not necessary to examine and determine the risk of recidivism.

Article 5 (1) of the Social Protection Act

Supreme Court Decision 82Do680 Decided February 22, 1983, 83Do345 Decided September 13, 1983

Defendant and Appellant for Custody

An applicant for concurrent Office of the Defendant

Attorney Final Declaration

Gwangju High Court Decision 86No272,86No33 Decided June 26, 1986

The appeal is dismissed.

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

The defendant and public defender's grounds of appeal are also examined.

In full view of the evidence cited by the court of first instance that the court below maintained, it is sufficient to recognize facts constituting the crime and the requirements for protective custody as stated in its reasoning, and therefore, it cannot be found that the court below violated the rules of evidence and misjudgmented facts, and the defendant's act constitutes the requirements for protective custody under Article 5 (1) 1 of the Social Protection Act, and it is not necessary to examine and determine the risk of recidivism in this case where the defendant's act constitutes protective custody for 10 years (see, e.g., Supreme Court Decisions 82Do680, Feb. 22, 1983; 83Do1879, 83Do345, Sept. 13, 1983).

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges who are to include part of the number of days pending trial after the appeal in the imprisonment pursuant to Article 57 of the Criminal Act.

Justices Park Jong-dong (Presiding Justice)