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헌재 2014. 11. 27. 선고 2013헌마191 결정문 [기소유예처분취소]
[결정문] [전원재판부]

2013Hun-Ma191 Revocation of the Suspension of Prosecution





Prosecutor of Seoul Central District Prosecutors' Office

Date of Declaration

November 27, 2014


The appeal of this case is dismissed.


The claimant asserts that in the case of forgery of private documents in Seoul Central District Prosecutors' Office 201 punishment No. 123945 in 201 and uttering of private documents, the suspension of indictment on December 26, 2012 by the respondent is against the right to equality, the right to pursue happiness, etc. guaranteed by the Constitution of the claimant.

However, even if examining the records of this case in detail, it does not seem that there was a serious fault that affected the decision of the suspension of indictment in interpreting the Constitution, applying the law, or determining evidence, which affected the decision of the suspension of indictment as to the above case, and on the contrary, there is no data to regard the suspension of indictment of the respondent as an arbitrary disposition to the extent that the Constitutional Court is involved. Accordingly, the basic right asserted by the claimant is the basic right.

No infringement may be deemed to have been committed.

Therefore, the appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices.


Justices Park Jong-chul, Justice

Justices Lee Dong-dae et al.

Justices Kim Jong-soo

Justices Lee Jin-sung

Justices Kim Chang-soo

Military Justice Cho Chang-ho

Justices Kang Jong-won

Clerks' Office

Justices Cho Yong-ho