The effect of the prosecution can be denied in a case where the prosecutor voluntarily exercised the right of prosecution and substantially disadvantaged the defendant by exercising the right of prosecution. In this context, the arbitrary exercise of the right of prosecution is not sufficient to simply establish negligence in the course of performing his/her duties, and at least dolusent or complete intention is required.

(2) In light of the above legal principles, the prosecution of this case is not deemed to have significantly exceeded the discretion of prosecution as a arbitrary exercise of power of prosecution. Thus, the Defendant’s ground of appeal 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.