형사합의의 소송법적 성격과 그 효력범위 - 사건의 동일성과 관련하여 -

When the crimes of assault and insult are intertwined, if a person who has agreed to partial crimes and who escapes the punishment sues another crime separately, the accused has no way to defend herself. Therefore, in the case of crimes that value the will of the victims, in order to facilitate the private resolution of the dispute, I suggest that abandonment of the complaint should also be partially accepted. Besides, in case there is a serious error in consensus on criminal facts, I suggest that the complaint should be canceled or the intention to disapprove of punishment should be withdrawn. Furthermore, when assault and insult occur simultaneously at the same place, I consider that they could be regarded as one case under the lawsuit. It is trying to induce investigative agencies to deal with assaults and insults. Of course, whether the sameness can be recognized in the phase of the change of the prosecution should be further studied, but it seems that at least in the aspect of substrate power, they can be treated as one and the same case. In case of assault and insult considered as one case, if a fully-informed prosecutor decides to prosecute one case and not the other, I consider it necessary to admit a similar effect to the definitive power of the judgment in this non-prosecution. If the prosecutor pursues to prosecute the unproclaimed case later, the prosecution could be dismissed as the abuse of the prosecution right.