Whether the provisions on protective disposition are unconstitutional or not;

The provisions of protective disposition under the Social Protection Act do not violate the provisions of the Constitution that provide for the principle of no punishment without law, the principle of no punishment without law and the principle of no penalty

Articles 1 and 5 of the Social Protection Act

Supreme Court Decision 82Do2653, 82Gado561 Decided December 18, 1982, 83Do1070, 83Do208 Decided June 28, 1983, Supreme Court Decision 84Do131, 84Do18 Decided March 27, 1984

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Lee So-young, Kim So-young

Daegu High Court Decision 86No570,86No79 decided July 9, 1986

The appeal is dismissed.

The number of days pending trial after appeal shall be included in the imprisonment for fifty days.

The grounds of appeal (to the extent of supplement in case of supplemental appellate brief filed after the deadline) by the defendant and defense counsel are examined together.

Comprehensively taking account of the evidence presented by the court of first instance that the court below maintained, it is sufficient to find the facts of the crime as stated in its reasoning, and therefore, it cannot be found that the court below erred by violating the rules of evidence and failing to exhaust all necessary deliberations, and the provisions on protective disposition under the Social Protection Act do not violate the provisions of the Constitution that stipulate the principle of no punishment without the law, the principle of no punishment without the law, the principle of no punishment without the law, and the principle of no punishment without the law, and the principle of no punishment without the law, and the principle of no punishment against the party members (see Supreme Court Decisions 82Do2653, Dec. 18, 1982; 83Do1070, 83Do208, Jun. 28, 1983; 84Do131, 84Do18, Mar. 27, 1984).

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 days pending trial after the appeal in the imprisonment in accordance with Article 57 of the Criminal Act.

Justices Kim Jong-sik (Presiding Justice)