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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, a person who filed an appeal against the disposition of non-prosecution (no suspicion) by the public prosecutor of the Daegu District Public Prosecutor's Office on December 22, 2016 concerning the facts charged in the instant case is not E, which is not E, and thus, the instant appeal constitutes a case where a person who is not a person who has the right to file an appeal files an appeal. The instant prosecution based on such appeal constitutes a case where the procedure for filing an indictment is null
B. In fact, the Defendant’s failure to hand over the seal imprint certificate, the certificate of seal imprint certificate, and the key to the entrance to the chief executive agent of the partnership does not constitute a “power” of interference with business by merely omitting, but did not constitute a “act of interference with business.”
(c)
The punishment sentenced by the court below (amount to 600,000 won) is too unreasonable.
2. In full view of all of the purport of the relevant provisions under the determination of the misapprehension of the legal doctrine, the instant indictment cannot be deemed as a mere fact that the appeal by a person who has no right to appeal is uniformly unlawful, and further, the fact that the appeal was based on such an appeal cannot be deemed as an incidental law.
Even if D does not have the right to file an appeal, the prosecutor may institute a public prosecution by re-investigation, so it is difficult to deem that the procedure of the instant public prosecution constitutes null and void in violation of the provisions of the law.
Therefore, the defendant's misapprehension of legal principles is without merit.
A. The head of a public prosecutor's office who has received an appeal or reappeal case or has received a record of such appeal or reappeal shall process it in the same manner as ordinary complaints, in cases where there are grounds to issue an order for re-investigation, prosecution, alteration of order, etc. even in cases where an appeal or reappeal has been revoked (see Article 92 (1) of the Rules on the Affairs of the Public Prosecutor's Office). (b) Where it is clearly explained that new evidence has been discovered, the head of the public prosecutor's office shall file an appeal even