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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2026Do2366 Decided July 9, 2026 【Violation of the Act on the Aggravated Punishment of Specific Crimes (Bribe); Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Bribe Offering; Aiding and Abetting the Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Violation of the Act on Promotion and Management of Forestry Technology】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Purpose of the proviso to Article 4(1)1 of the Prosecutors’ Office Act which restricts the scope of crimes into which the prosecutor may commence an investigation and directly oversee the primary investigation Purpose of Article 4(2) of the Prosecutors’ Office Act which restricts the scope of prosecution by the prosecutor [2] Meaning of “commencement of an investigation” in the main text of Article 4(2) of the Prosecutors’ Office Act (held: the same as the “commencement of an investigation” under the proviso to Article 1 Subparag. 1 of the said Article, where the prosecutor initiated an investigation into a crime and took charge of the “primary investigation”) [3] Whether a prosecution investigator’s initiation of an investigation into a certain crime constitutes “a prosecutor’s own commencement of an investigation” (affirmative), and whether a prosecution investigator’s initiation of an investigation into a certain crime and referral of the case to a prosecutor constitutes “a crime referred to by a judicial police officer” [4] In a case where a prosecutor institutes a public prosecution for a crime for which he or she commented an investigation, whether such an institution of a public prosecution is in violation of Article 4(2) of the Prosecutors’ Office Act (affirmative), and whether such an institution of a public prosecution constitutes a case where it is rendered “null and void as the procedure thereof is in violation of statutory regulations” and is subject to dismissal of a prosecution (affirmative) After a judgment of dismissal of a public prosecution becomes final and conclusive, whether another prosecutor who did not commence an investigation may re-file a prosecution as a person who is legally entitled to file a public prosecution (affirmative in principle) | |
