Acceptance of quasi-appeal against the prosecutor's refusal of delivery of the seized article considered to have been cancelled because of its declaration of forfeiture;

The provisions of Article 417 of the Criminal Procedure Act are applicable to cases where a public prosecutor or a judicial police officer has the authority to take a disposition with regard to the return of seized objects at the investigation stage, and it is reasonable to regard that quasi-appeal is permitted if he/she is dissatisfied with the disposition. As such, even though seizure has been rescinded pursuant to Article 332 of the Criminal Procedure Act, measures taken by a public prosecutor to refuse the delivery of seized objects can not be subject to quasi-appeal as stipulated

Articles 332 and 417 of the Criminal Procedure Act

Supreme Court Order 74Mo28 Dated May 30, 1974

Re-appellant

Attorney Jin Jin-hun, Jin-jin, Song Young-young, Counsel for the defendant-appellant

Seoul Criminal Court Order 83 Assistant4 dated January 19, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the records, quasi-appeals and grounds of re-appeals, etc., it is clear that the prosecutor's disposition of the prosecutor who is dissatisfied with the quasi-appeals under Article 417 of the Criminal Procedure Act is the disposition that the prosecutor refuses to deliver the cancelled articles despite the cancellation of seizure in accordance with Article 332 of the same Act.

However, the provision of Article 417 of the Criminal Procedure Act is reasonable to regard that a prosecutor or a senior judicial police officer has the authority to make a disposition on the return of seized objects at the investigation stage as allowing a quasi-appeal if he/she is dissatisfied with the disposition. As such, the prosecutor's refusal disposition, as alleged by the re-appellant, shall not be subject to quasi-appeal as stipulated in Article 417 of the Criminal Procedure Act (party members, May 30, 1974, and 74Mo28). Thus, the order of the court below that dismissed the re-appeal against the above prosecutor's assistance disposition is justifiable, and there is no violation of the legal principles like the theory of lawsuit, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Il-young (Presiding Justice)