Whether the crime of rape, the crime of injury, and the crime of intimidation, among the crimes of violation of the Punishment of Violence, etc. Act, constitutes the same or similar crime as prescribed by the Social Protection Act.

The crime of rape and the crime of injury or intimidation, which is the crime of violation of the Punishment of Violences, etc. Act, shall not be deemed to constitute the same or similar crime as provided in Article 6 (2) of the Social Protection Act.

Article 6 of Social Protection Act

Applicant for Custody

Prosecutor

Daegu High Court Decision 85No64 delivered on June 18, 1985

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The crime of rape and the crime of injury to a victim, which is the crime of violation of the Punishment of Violences, etc. Act, shall not be deemed to fall under the same or similar crime as provided in Article 6 (2) of the Social Protection Act. The court below's interpretation to the same purport has no errors of law by misapprehending the legal principles of the Social Protection Act. It is groundless.

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

Justices Yoon Yoon-tae (Presiding Justice)