Article 262(2) of the Criminal Procedure Act shall apply to this case.

Even if there are several charges of false accusation as a single complaint, one of the victims is not guilty of a non-prosecution disposition with respect to a complaint filed by a public prosecutor, and the complaint filed by the complainant is dismissed on the ground that the complaint is groundless, it shall not be prosecuted as the same fact as the dismissed case.

Article 262(2) of the Criminal Procedure Act

Defendant

Prosecutor

Busan District Court Decision 66No79 delivered on August 23, 1966, Busan High Court Decision 66No79 delivered on August 23, 1966

The appeal is dismissed.

The grounds for appeal by the deputy prosecutor of the Daegu High Prosecutors' Office shall be examined.

However, the court below has already decided to prosecute the facts charged by the defendant on the complaint of the Trade Union and Labor Relations Commission that the prosecutor is not guilty, and it recognized the fact that the complainant filed an application for a ruling with the Daegu High Court which will bring an action against it on the grounds that the application was groundless, and it cannot be prosecuted pursuant to Article 262 (2) of the Criminal Procedure Act. The dismissal of the prosecution in this case is justified, and it cannot be prosecuted pursuant to Article 262 (2) of the Criminal Procedure Act. It is limited to the case where the prosecutor's application for the suspension of indictment is dismissed on the ground that there is no ground for the application for a ruling on the suspension of indictment, and it is an independent opinion that the prosecution can be instituted if new evidence is discovered after the decision to dismiss the application for a ruling to dismiss the application, and it is not appropriate to argue that there is another ground for prosecution. Therefore, the argument in this regard is groundless.

In addition, even if there is a crime of accusation as many as the number of victims by dismissal as a single complaint, unless one of the victims was suspected of having been a public prosecutor's non-prosecution disposition, and the request for a ruling by the complainant is dismissed on the ground that there is no ground, pursuant to Article 262 (2) of the Criminal Procedure Act, it shall not be prosecuted as the same fact as the dismissed case, and the application for a ruling shall not be dismissed on the ground that other victims did not file a complaint and the application for a ruling cannot be prosecuted for the same fact. Therefore, all of the arguments shall not be adopted.

Therefore, it is so decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Mag-Jak Park Mag-gu