Whether statutory mitigation or discretionary mitigation can be granted in determining the period of protective custody disposition (negative)

Since protective custody disposition under the Social Protection Act cannot be considered as a punishment, the provisions of the Criminal Code are not applicable to statutory mitigation or discretionary mitigation.

Article 5 of the Social Protection Act, Articles 53 and 55 of the Criminal Act

Applicant for Custody

Applicant for Custody

Daegu High Court Decision 82No1553, 82No379 delivered on February 9, 1983

The appeal is dismissed.

The grounds of appeal by the requester for custody are examined.

In full view of the evidence at the time of the judgment of the court below and the court of first instance, it is sufficient to recognize the custody case against the defendant, and there is no reason to discuss that there was a violation of the law or a mistake of the facts about the risk of re-offending. Moreover, the protective custody disposition under the Social Protection Act cannot be viewed as a punishment, and therefore, the provision of statutory mitigation or discretionary mitigation is not applicable to the criminal law, and therefore, it is not reasonable to discuss this case’

Therefore, the appeal by the appellant 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)