Whether the name of a crime under Article 6 (2) 1 of the Social Protection Act can be deemed as the same or similar crime on the basis of only the name of a crime violating the Punishment of Violences, etc. Act.

The name of a crime under Article 6 (2) 1 of the Social Protection Act refers to the name of a specific crime under the Criminal Act or laws other than the Criminal Act, in comparison with and review of the provisions of each subparagraph of Article 6 (2) of the same Act. As such, only the name of a crime violating the Punishment of Violences, etc. Act and the name of a crime under Article 6 (2) 1 of the same Act cannot be readily concluded to be the same as the name of a crime under Article 6 (2) 1.

Article 6 (2) of the Social Protection Act

Supreme Court Decision 81Do3342, 81Do158 Decided March 23, 1982

Defendant and Appellant for Custody

Prosecutor

Seoul High Court Decision 82No405,82No99 Decided May 6, 1982

The appeal is dismissed.

The grounds of appeal are examined.

Article 6 (2) 1 of the Social Protection Act provides that "where the name of a crime is the same," the name of a crime under Article 6 (2) 2 of the same Act refers to the name of a specific crime under the Criminal Act or laws other than the Criminal Act. As such, it cannot be readily concluded that only the name of a crime of violation of the Punishment of Violences, etc. Act is the same as the name of a crime under Article 6 (2) 1 of the same Act. (See Supreme Court Decision 81Do3342, 81Do158, Mar. 23, 1982).

According to the judgment of the court below, the court below also held that the case of violation of the Punishment of Violences, etc. Act of May 5, 1969 and June 9, 1976 under the above opinion is injury, injury, property damage, and the violation of the Punishment of Violences, etc. Act of this case is public conflict. Thus, the previous conviction of the same or similar crime of this case is not a public conflict or a public conflict committed on September 9, 197, and therefore, it cannot be admitted to the case where the total term of punishment is not less than three years after being sentenced not less than two times under Article 5 (2) 1 of the Social Protection Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)