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(영문) 헌재 2006. 6. 29. 선고 2006헌마335 결정문 [기소유예처분취소]
[결정문] [전원재판부]

2006HunMa335 Revocation of revocation of suspension of indictment


Jung ○ Roster

Attorney-at-law of the court,


Gwangju District Prosecutors' Office


The appellant's appeal is dismissed.


The claimant asserts that the defendant's disposition of suspending prosecution against himself on November 29, 2005 against the case No. 69287 of the Gwangju District Prosecutors' Office [the defendant's defendant, the violation of the Punishment of Violences, etc. Act (at night and in the same time)] was infringed on the right to equality and the right to pursue happiness guaranteed by the claimant's Constitution.

However, even if the records are examined in detail, it is not deemed that the respondent made an investigation against justice and equity with respect to the above case, or that there was a serious error that affected the decision of suspension of indictment in interpreting the Constitution, applying laws or determining evidence, and there is no data to regard the above disposition by the respondent as an arbitrary disposition to the extent that the Constitutional Court is involved, and thus, it cannot be deemed that the fundamental right of the claimant was infringed.

If so, the claimant's appeal is without merit, and it is dismissed, and all participating Justices are dismissed.

It is so decided as per Disposition by the assent of all participating Justices.

June 29, 2006


Competence of the presiding judge

Justices Kim Yong-soo

Justices Kim Jong-il

Justices Song Jin-in-Law

Justices Cho Jong-soo

(1) The preceding deliberation by the State Tribunal

Judges Lee Dong-chul

Justices Cho Jong-dae