Whether a protective custody disposition, or a protective custody disposition, which is dismissed due to the cancellation of a complaint without appraising whether it is unlawful;

According to Article 15 of the Social Protection Act, it is clear that a criminal complaint can be independently filed for a crime that can be prosecuted only when the criminal complaint is revoked. Thus, it cannot be said that there was an act of violation of protective custody on the ground that the defendant either issued a protective custody without appraising whether the defendant was in a state of mental disorder at the time of committing the crime, or dismissed the prosecution on the ground that the victim's complaint was revoked.

Article 15 of the Social Protection Act

Applicant for Custody

Applicant for Custody

Attorney Hwang Jong-tae

Daejeon High Court Decision 94No42 delivered on December 30, 1994

The appeal is dismissed.

80 days out of the number of days of detention after an appeal shall be included in the period of protective custody.

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

Upon examining the reasoning of the judgment below in light of the records, the court below is justified in maintaining the measure of the court of first instance that the applicant for a warrant of recidivism recognized as a danger of recidivism, and there is no error in the judgment of the court of first instance as pointed out in the grounds of appeal, and it is clear that the defendant can file a claim for protective custody even when the complaint was cancelled for a crime that can be argued in the absence of mental or physical injury or accusation under Article 15 of the Social Protection Act. Thus, the court below did not assess whether the defendant was in the state of mental or physical injury at the time of committing the crime of this case, nor did it render a protective custody disposition while dismissing the prosecution of this case on the ground that the victim's complaint was revoked. The grounds of appeal are dismissed.

Therefore, the appeal shall be dismissed, and the number of days of detention after the appeal shall be included in the protective custody period of the court of first instance maintained by the court below for 80 days. It is so decided as per Disposition with the assent of all participating Justices

Justices Park Jong-chul (Presiding Justice)