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TITLE Supreme Court Decision 2016Do5423 Decided August 23, 2017【Bodily Harm】 * First draft [full Text]
Summary
[1] Meaning of the principle of prohibition against double jeopardy under Article 13(1) of the Constitution of the Republic of Korea
Whether the principle against double jeopardy is violated when a prosecutor institutes prosecution for the second time on the same criminal facts or a court renders a judgment of conviction on charges of the same criminal facts after the finalization of a decision not to issue an order under Article 37(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (negative)
[2] Whether prosecutorial discretion under the principle of discretionary indictment has inherent limits (affirmative)
Cases in which an indictment can be invalidated on the ground that a prosecutor’s exercise of power is deemed an abuse of prosecutorial power
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