(a) Whether the crime of death or injury, the crime of violence while in existence, the crime of violation of the Punishment of Violences, etc. Act and the crime of bodily injury by rape are the same or similar crimes as provided in the Social Protection Act

(b) Method of aggregating concurrent crimes and prison term under Article 5 (1) 1 of the Social Protection Act; and

A. The crime of death by bodily injury, the crime of violence and the crime of bodily injury by rape and the crime of bodily injury by rape are crimes of the same or similar kind as provided by the Social Protection Act in that the nature, means and methods of the crime are different from those of the crime.

B. According to Article 2 of the Enforcement Decree of the Social Protection Act, when the term of punishment under Article 5(1)1 of the same Act is imposed under the former part of Article 37 of the Criminal Act and the punishment prescribed for the same or a similar crime is imposed, the whole of the sentence sentenced shall be deemed to be the term of punishment.

(a) Articles 5(1)1 and 6(b) of the Social Protection Act;

B. Supreme Court Decision 83Do326 delivered on September 13, 1983, 83Do404 delivered on October 25, 1983

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Lee Han-soo

Daegu High Court Decision 86No1260, 865 decided Nov. 20, 1986

The appeal is dismissed.

The number of days under detention after an appeal shall be included in the imprisonment.

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

Examining the reasoning of the judgment below and the records of the court of first instance, it is sufficient to recognize the criminal facts of this case and the requirements for care and custody against the defendant and the requester for protective custody. It is not possible to find out false facts which have been found in violation of the rules of evidence as argued in the process of recognition. Furthermore, the violation of the Punishment of Violence, etc. Act and the violation of the Punishment of Violences, etc. Act (the violation of the Punishment of Violences, etc. Act and larceny, which are the final concurrent crimes under the former part of Article 37 of the Criminal Act and the violation of the Punishment of Violences, etc. Act) are concurrent crimes of violation of the Punishment of Violences, etc., which are of the same kind and method as those of the crime, and the crime of rape in this case is no more than 10 years of punishment and no more than 2 years of punishment under the former part of the Act on Punishment of Violences, etc., which are concurrent crimes under Article 25 (1) 1 of the Enforcement Decree of the Social Protection Act. Thus, the court below's final punishment of the same or similar punishment under Article 97 of the Criminal Act shall be imposed.

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

Justices Park Jong-dong (Presiding Justice)