It is necessary to establish the risk of recidivism for a protective custody subject who meets the requirements of Article 5(1) of the Social Protection Act.

If a person subject to protective custody satisfies the requirements of Article 5 (1) of the Social Protection Act, it is clear that there is a risk of recidivism in light of Article 1 of the same Act, so it is not necessary to prove the risk of recidivism.

Articles 5(1) and 1 of the Social Protection Act

An applicant for concurrent Office of the Defendant

Defendant and Appellant for Custody

Attorney Yoon Il-young

Daegu High Court Decision 83No1262,83No298 delivered on December 27, 1983

The appeal is dismissed.

The thirty-five days of detention days after the appeal shall be included in the above imprisonment.

The grounds of appeal by the defendant and the respondent for custody and defense counsel are examined.

If a person subject to protective custody satisfies the requirements of Article 5(1) of the Social Protection Act, it shall be limited to a case where there is a risk of re-offending in light of Article 1 of the same Act, so it is not necessary to prove the risk of re-offending. Thus, according to the records of each evidence in the reasoning of the judgment of the court of first instance cited by the court below, the court below acknowledged the defendant's grounds for a request for protective custody and the facts of the defendant's previous conviction in the judgment of the court of first instance, and found the defendant's actions subject to protective custody for 10 years since the defendant's act constitutes the requirements of protective custody under Article 5(1)1 of the Social Protection Act, is justified and there is no other opinion that there is an error of law by misunderstanding the legal principles as to the risk of re-offending in the judgment of the court of first instance, and it is not a legitimate ground for appeal against the defendant.

Therefore, the appeal is dismissed. In accordance with Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, 35 days of pre-trial detention after the appeal shall be included in the imprisonment. It is so decided as per Disposition by the assent of all participating judges.

Justices Kang Jong-young (Presiding Justice)