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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C was prosecuted on the charge of quasi-indecent act by compulsion on January 8, 2020 as charges of indecent act by compulsion, and a criminal trial is in progress in the U-government district court senior branch court (D). The Plaintiff is a defense counsel of C in the above criminal case.
B. On March 2020, the Plaintiff applied for the inspection and copying of “the investigation report prepared by B on July 21, 2019” in the investigation records of the said criminal case to the Goyang Branch Office of the Government Prosecutors’ Office pursuant to Article 266-3(1) of the Criminal Procedure Act, and the prosecutor in charge of the Goyang Branch Office of the Government Prosecutors’ Office of the Republic of Korea (hereinafter “the instant notification”). On March 6, 2020, the Plaintiff notified the Plaintiff of the refusal of the inspection and copying pursuant to Article 266-3(3) of the Criminal Procedure Act on the ground that “the instant investigation report constitutes an internal document stating the opinion or legal judgment of the investigative agency” (hereinafter “instant notification”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. We examine the lawfulness of the instant lawsuit ex officio.
A. According to the relevant provisions and legal principles 1), the defendant or his/her defense counsel may request the prosecutor to allow the inspection, copying, or delivery in writing, of documents or articles related to the case prosecuted and documents that may affect the recognition of facts charged or the sentencing (Article 1); “documents, etc. in which the prosecutor makes a statement related to the person who has requested as a witness” (Article 266-3(1)) and “documents, etc. in which the prosecutor has made a statement related to the person who has requested as a witness” (Article 266-3(1)) (Article 266-3(1)). In such cases, the prosecutor may refuse to allow the inspection, copying, or delivery in writing, such as documents, etc. related to the legal factual assertion made by the defendant or his/her defense counsel (including the relevant criminal trial confirmation records, non-prosecution disposition records, etc.).