The prosecutor re-prosecutiond and prosecuted a certain crime after the suspension of indictment.

Even if an indictment does not affect the validity of the indictment (see, e.g., Supreme Court Decision 83Do2686, 83Do456, Dec. 27, 1983). Thus, the indictment of the violation of the Food Sanitation Act, in which the prosecutor suspended indictment, constitutes abuse of the right to prosecute.

The allegation in the grounds of appeal purporting to the effect that he/she failed to exhaust all necessary deliberations as to the circumstances leading to the prosecution cannot be accepted.

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