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(영문) 대법원 2015.10.15 2015도1803
직권남용권리행사방해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In addition to the procedural request for the convenience of hearing and the efficient handling of cases, the jurisdiction of criminal cases shall be determined in full consideration of the defendant's appearance and the convenience of exercising his/her right of defense, and in particular, in order to prevent arbitrary handling of cases, it shall be determined uniformly according to the abstract standards prescribed by Acts.

Accordingly, Article 4 (1) [Attachment 3] of the Act on the Establishment and Jurisdiction of Courts of various levels of courts stipulates that the jurisdiction of the principal district court and the branch court of the district court shall not overlap on an equal basis.

Therefore, since the principal district court and the branch court of the district court are in an equal relationship between the principal district court and the branch court of the district court under the Civil Procedure Act, the distribution of jurisdiction between the principal district court and the branch court of the district court is not limited to the simple distribution of affairs between the principal district court and the branch court of the district court and the branch court within the district court, but also constitutes a distribution of territorial jurisdiction under the Civil Procedure Act.

Therefore, barring special circumstances to deem that the territorial jurisdiction of the first instance court is recognized in accordance with Article 4 of the Criminal Procedure Act, the territorial jurisdiction of the first instance court at the branch of the district court cannot be viewed as naturally recognizing the territorial jurisdiction of the first instance court even the principal court at the district court.

Examining the record in accordance with the legal principles as seen earlier, Jeonnam-do, a crime place in this case, is under the jurisdiction of the Gwangju District Court, and as such, with respect to this case brought by the prosecutor to the Gwangju District Court, the first instance court, for the reason that the principal district court also has territorial jurisdiction over the first instance court due to the crime place, the territorial jurisdiction of the first instance court due to the crime place in this case is limited to the Maritime Court, and the district court is naturally under the jurisdiction of the branch court of the Gwangju District Court

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