Main Issues
The validity of prosecution based on a complaint that does not specify the general crime
Summary of Judgment
In the absence of a specific complaint, there is no legitimate complaint against the facts charged, so the procedure of prosecution based on such complaint is invalid in violation of the provisions of the law.
[Reference Provisions]
Article 241 of the Criminal Act, Article 327 subparag. 2 of the Criminal Procedure Act
Escopics
Defendant 1 and one other
upper and high-ranking persons
Prosecutor (Defendants)
Judgment of the lower court
Suwon District Court Decision 83No1247 delivered on December 16, 1983
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the judgment of the court of first instance maintained by the court below, the court of first instance cannot find any specific accusation against this case, and there is no legitimate complaint as to this case's charged facts. Thus, the court of first instance sentenced the dismissal of prosecution on the ground that the indictment procedure constitutes null and void in violation of the provisions of law, and the court below maintained this decision. The court below's examination of the process of cooking evidence conducted by the court below in taking such a measure is just and there is no violation of the rules of evidence, such as theory of lawsuit, and there is no violation of the rules of evidence, and there is no error of law by
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Jeong Tae-tae (Presiding Justice)