Criteria for determining the risk of recidivism under Article 5 (2) of the Social Protection Act

The risk of recidivism as a protective custody requirement under Article 5 (2) of the Social Protection Act requires a lack of possibility of recidivism only with the possibility of recidivism, and the judgment criteria should be strictly determined by considering various circumstances such as the age, occupation, family relation, means and method of crime, circumstances after the crime.

Article 5 (2) of the Social Protection Act

Supreme Court Decision 85Do229 delivered on March 26, 1985, Supreme Court Decision 85Do36 delivered on March 26, 1985

Applicant for Custody

Prosecutor

Daegu High Court Decision 84No1490, 84No268 delivered on February 8, 1985

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The risk of recidivism as a condition for protective custody under Article 5 (2) of the Social Protection Act requires a lack of possibility of recidivism only with the possibility of recidivism, and the standard of judgment must be strictly determined by comprehensively taking into account various circumstances such as the age, occupation, family relation, means and method of crime, circumstances after the crime. In light of the records, we agree with the court below's determination of facts as stated in its holding and the dismissal of the protective custody claim on the ground that there is no other evidence to acknowledge it, and there is no error of law by misunderstanding the legal principles as to the risk of recidivism, such as the theory of lawsuit, etc.

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

Justices O Sung-sung(Presiding Justice)