재정신청 기각결정이 확정된 사건에서 소추 제한의 예외 사유인‘다른 중요한 증거를 발견한 경우ʼ의 의미- 대법원 2018. 12. 28. 선고 2014도17182 판결 -

Criminal Procedure Act section 262 (4) proviso stipulates "where a decision rejecting an application for adjudication becomes final and conclusive, it may not be subject to public prosecution, except where any other important evidence is discovered later". As regards the meaning of 'where any other important evidence is discovered later', the Supreme Court Decision 2014Do17182 decided December 28, 2018, adopted a strict stance interpreting as follows: "It means that there is sufficient evidence to prove guilt beyond a reasonable doubt by adding newly discovered evidence to the evidence already adduced at the time of the decision rejecting an application for adjudication. It does not include evidence necessary only to the extent for a criminal procedure protecting the rights of the crime victims or questioning the justification of a decision rejecting an application for adjudication.“ This is meaningful in that it is the first judicial precedent to explicitly mention the meaning of 'where any other important evidence is discovered later' stated in section 262 (4) proviso. This is in line with the interpretation of the established judicial precedent in terms of 'any other important evidence', constituting an exceptional reason for reinstitution of public prosecution (section 329), in a case where the decision rejects public prosecution as a result of its being withdrawn becomes final and conclusive. In view of protecting the legal stability and certainty of the suspect, as well as the purposive and systematic interpretation in light of legislative history and intent, the narrow interpretation of the subject judgment with a strict approach would be considered reasonable.