2007Hun-Ma730 Revocation of a non-prosecution disposition
○○ Kim Kim
Attorney Gangnam-nam General Law Firm
Attorney Kim Dong-chul
Prosecutor of Seoul Central District Prosecutors' Office
The appellant's appeal is dismissed.
The claimant asserts that the respondent's disposition of non-prosecution in Seoul Central District Prosecutors' Office No. 80868 in December 27, 2006 violated the right to equality and the right to state the procedure of trial guaranteed by the Constitution.
However, even upon examining the record, the respondent does not seem to have committed a serious fault that affected the decision of the non-prosecution disposition in interpreting the Constitution, applying the law, or determining evidence, while making an investigation into the appellant’s accusation against the justice and equity, or at the same time making a decision of the non-prosecution disposition, the respondent’s decision to
Since there is no material to regard it as a arbitrary disposition of the Do, this cannot be viewed as a violation of the basic rights of the claimant's assertion.
Therefore, the appellant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.
November 27, 2008
Chief Justice Lee Han-hoon
Judges Lee Dong-chul
Justices Cho Jong-dae
Justices Kim Jong-ok
Justices Kim Jong-dae
Justices Park Jong-chul
Movement of Justices
Justices Jo Young-young
Justices Song Du-hwan