Cases of reference for determining the existence or absence of the risk of re-offending

In full view of all circumstances such as the age, family relation, property level, last juvenile reformatory to the crime of this case after being released from the juvenile reformatory, and the criminal conduct during that period, and the motive, means, method, and circumstances after the crime, the risk of recidivism is recognized.

Article 5 (2) of the Social Protection Act

Defendant and Appellant for Custody

An applicant for concurrent Office of the Defendant

Attorney Kim Dong-young

Seoul High Court Decision 82No3170,82No862 Decided February 2, 1983

The appeal is dismissed.

The period of detention pending trial after the appeal shall be included in the principal sentence for fifty days.

The grounds of appeal by the defendant and his defense counsel are examined together.

(1) The argument that sentencing is too excessive is not a legitimate ground for appeal in the instant case, and thus, it is not reasonable to discuss this point.

(2) In light of the number of criminal facts, the means, methods, nature, etc. of the defendant subject to protective custody under Article 2 subparagraph 1 of the Social Protection Act, the court below held that the defendant subject to protective custody under Article 5 (2) 2 of the same Act is a person subject to protective custody under Article 2 subparagraph 1 of the same Act, and that the defendant subject to protective custody under Article 5 (2) 2 of the same Act is justified in examining the records, and there are no errors in the misapprehension of legal principles as to protective custody, such as theory of lawsuit, since the court below's measure is just and there are no errors in the misapprehension of legal principles as to protective custody, such as theory of lawsuit.

(3) Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is to be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Tae-tae (Presiding Justice)