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(영문) 헌재 2008. 11. 27. 선고 2007헌마730 결정문 [불기소처분취소]
[결정문] [전원재판부]

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