공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. Summary of grounds for appeal;
A. From among the facts charged in this case, the part concerning the fabrication of official document among the facts charged in this case was already investigated at the time when the defendant was investigated separately, the prosecutor’s separate indictment for the facts charged in this case was abused.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. In a case where it is deemed that the prosecutor’s assertion of abuse of the right of prosecution by the defendant’s arbitrary exercise of the right of prosecution and substantial disadvantage to the defendant, such exercise of the right of prosecution can be deemed as abuse of the right of prosecution and thus, the validity of the indictment can be denied. Here, arbitrary exercise of the right of prosecution is not sufficient solely with negligence in the course of performing his/her duties, and at least
(2) In light of the aforementioned legal principles, the Prosecutor’s indictment cannot be deemed to have been clearly relieved of the right of discretion on prosecution on the ground that the Prosecutor was not charged with multiple criminal acts of the Defendant in a lump sum and was charged with several separate charges depending on the progress of the investigation (see, e.g., Supreme Court Decision 2001Do3026, Sept. 7,
(2) In light of the following facts and circumstances acknowledged by the records of this case, the prosecutor’s indictment of this case was arbitrary in light of the following facts and circumstances.
It is difficult to see that the power of prosecution has been significantly deviating from the power of prosecution.
This part of the defendant's assertion is without merit.
① Since November 2014, as the damage of credit cards, etc. issued by stealing the name was reported, an investigation into the overall crime of this case related to the Defendant was initiated, and the Defendant was arrested on February 10, 2015 and was under investigation into the role of the Defendant in the entire crime, details of the Defendant’s act of execution, etc.
(2) The statement of the defendant is made in relation to the details of the defendant's conduct.