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(영문) 의정부지방법원 2016.12.01 2016고정1980

상해

Text

Acquittal of the accused shall be acquitted.

Reasons

1. Around 18:00 to 19:00 on August 3, 2009, the Defendant, within the C Parking Management Office located in Namyang-si B, Namyang-si, on the ground that the victim D (year 41, South) who caused the same enforcement was in a conversation as a parking regulation issue, was spared on the hand floor, resulting in an injury on the left-hand side of the treatment days, by taking the face knick with the hand, when making it possible for the Defendant to do so.

2. Under Article 257(1) of the Criminal Act, the crime of bodily injury is a crime punishable by imprisonment with prison labor for not more than seven years, suspension of qualification for not more than ten years, or a fine not exceeding ten million won, and the statute of limitations is seven years pursuant to Article 250 of the Criminal Procedure Act, Article 50 of the Criminal Act, and Article 249(1)4 of the Criminal Procedure Act.

However, it is evident that the instant public prosecution was instituted on August 12, 2016 after seven years have elapsed since August 3, 2009, when the crime of the said injury was completed.

Thus, the facts charged in this case constitute the completion of the statute of limitations, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.