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헌재 2015. 8. 11. 선고 2015헌마790 결정문 [불기소처분취소]

[결정문] [지정재판부]

Cases

2015Hun-Ma790 Revocation of a non-prosecution disposition

Claimant

○○

Attorney Nam-in-Law

appellees

Prosecutor of Seoul Northern District Prosecutors' Office

Date of decision

2015.08.11

Text

The appeal of this case is dismissed.

Reasons

The claimant asserted that the building was embezzled, and submitted a written complaint on November 27, 2014. On November 27, 2014, the respondent rendered a non-prosecution disposition (Seoul Northern District Prosecutors' Office No. 57400, 2014, hereinafter "non-prosecution disposition in the instant case"). The claimant filed an appeal against the non-prosecution disposition in the instant case after filing an appeal, but dismissed on May 4, 2015 (Seoul High Court 2015 Elementary Court 780), the claimant’s refusal disposition in the instant case infringed the claimant’s right to equality and the right to state opinions, etc.

The constitutional complaint of this case was filed on July 29, 2015.

In principle, where a prosecutor is dissatisfied with a disposition not to institute a public prosecution and the procedures for filing an application for adjudication are not subject to adjudication on constitutional complaint (see, e.g., Constitutional Court en banc Decision 9Hun-Ma79, Aug. 27, 1998). The applicant is dismissed by filing an application for adjudication with the court on the disposition not to institute a public prosecution in the instant case. Thus, the disposition not to institute a public prosecution in

Since the appeal of this case is unlawful, it is dismissed in accordance with Article 72 (3) 4 of the Constitutional Court Act. It is so decided as per Disposition by the assent of all participating Justices.

Judges

Justices Park Jong-chul, Justice

Justices Lee Jin-sung

Justices Kang Jong-won