beta
[Reference Provisions]
Article 21(2) of the Social Protection Act
Applicant for Custody
Applicant for Custody
upper and high-ranking persons
Applicant for Custody
Defense Counsel
(National Ship)Cheongho Law Firm, Attorneys Gongh Do-do
Judgment of the lower court
Daegu High Court Decision 86No971, 86No124 decided September 25, 1986
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
In full view of the evidence presented by the court of first instance as cited by the court below, it is sufficient to acknowledge that the requester for a warrant of custody commits a crime of this case corresponding to imprisonment without prison labor or a heavier punishment as a mentally handicapped person and has the risk of re-offending. Therefore, the requester for a warrant of custody constitutes a person subject to protection under Article 8 (1) 2 of the Social Protection Act. In the same purport, the measures taken by the court below maintaining the judgment of the court of first instance subject to medical treatment and custody are just and there is no error of law by misconception of facts
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Supreme Court Judge Yoon Il-ho (Presiding Judge)