The case holding that there is no risk of re-offending on the ground that the applicant's habitualness is recognized, but it is still in an unidentified state, etc.

Even if habituality is recognized for the requester for the inmate, he/she acquired the technology necessary for his/her occupation in the prison, received the friendly guidance, and shown that the applicant for the inmate for the inmate shows his/her consciousness due to cerebral typhism, etc., and that he/she is in a natural situation where he/she lives jointly at the hospital with the treatment such as the smoking of oxygen and so on.

Article 5 of Social Protection Act

Attorney Park Jae-young et al.

Prosecutor

Busan High Court Decision 90No758,90No76 delivered on September 27, 1990

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Examining the reasoning of the judgment of the court below in light of the records, it is acceptable to maintain the judgment of the court of first instance that dismissed the request for protective custody on the ground that the court below did not recognize the habitualness of the requester for protective custody, but acquired the technology necessary for his/her occupation in the prison while leading the future, and that the relative of the requester for protective custody shows serious respiratory difficulties due to brain flasing, heart heart diseases, and cardiopulmonary dysia, and the patient for protective custody shows in mind that he/she is unable to recognize the risk of recidivism in light of the fact that the patient for protective custody under joint signature of the patient for treatment such as oxygen dysia, etc. at the hospital, and that the risk of recidivism cannot be recognized, and there is no violation of the rules of evidence, nor any violation of law of misunderstanding the legal principles as to the risk of re-offending

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

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won