The legitimacy of an appeal against a protective custody disposition for the reason that the protective custody period expires

If it is recognized that it constitutes a protective custody requirement under the Social Protection Act, the court shall put the protective custody subject to the protective custody, and there is no provision that the court's discretion is recognized due to the statutory period of protective custody.

Article 5 of Social Protection Act

Supreme Court Decision 82Do3023, 82Ga652 Decided February 8, 1983, 82Do2814, 83Do609 Decided February 22, 1983, Supreme Court Decision 83Do181, 83Do43 Decided March 8, 1983, Supreme Court Decision 83Do37 Decided March 22, 1983, 83Do395, 83Do82 Decided March 22, 1983

An applicant for concurrent Office of the Defendant

Defendant and Appellant for Custody

Attorney Yu Young-young

Seoul High Court Decision 83No1083, 83No221 Decided June 23, 1983

The appeal is dismissed.

The thirty days, from among those pending trial after the appeal, shall be included in the principal sentence.

The grounds of appeal by the defendant and the respondent for defense (hereinafter referred to as the "defendant") and the state appointed defense counsel are also examined.

According to the evidence in the first instance judgment maintained by the court below, it is not difficult to recognize the facts of the defendant and the facts of the requirements for protective custody as stated in its judgment, and there is no error of law by mistake of facts due to violation of the rules of evidence such as theory of lawsuit, and with respect to the judgment sentenced to one-year imprisonment as stated in this case, it cannot be deemed a legitimate ground for appeal on the ground of unfair sentencing. In addition, in a case where it is recognized as a requirement for protective custody under the Social Protection Act, the court should be placed under protective custody, and there is no provision that the court's discretion is recognized due to the statutory period of protective custody, and

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)