폭행
The prosecutor's appeal is dismissed.
1. The existence of territorial jurisdiction as to the gist of the grounds for appeal is sufficient if it exists at the time of institution of public prosecution, and it does not affect the existence of jurisdiction even if the address and residence of the defendant are changed after institution of public prosecution.
This case was prosecuted at the general military court of the Marine Corps headquarters where the defendant had jurisdiction at the time of military service, and it was merely a wrong transfer to a place without jurisdiction due to the discharge of the defendant.
Nevertheless, the court below erred by misapprehending the legal principles that made a judgment of violation of jurisdiction, which affected the conclusion of the judgment.
2. Determination
A. Article 8 of the applicable law provides that the court may transfer the defendant to the Dong court having jurisdiction over the present location of the defendant for the convenience of hearing and the interest of the defendant in the event that the defendant does not have jurisdiction over the defendant, and it does not mean that the defendant should transfer the defendant to the Dong court having jurisdiction over the present location of the defendant. In such a case, it is not illegal that the defendant should not transfer the defendant to the court having jurisdiction over the present location of the defendant
(See Supreme Court Decision 78Do2225 delivered on October 10, 1978, etc.). B.
The lower court determined that the crime location and present location at the time of prosecution of this case are Incheon, and the address, address, and present location of the defendant at the time of prosecution are Daegu achieved Group C, and all the crime location, address, and present location of the defendant are not under the jurisdiction of this court, and the record cannot be found on the ground that there was no evidence that the crime location, address, domicile, present location of the defendant is within the jurisdiction of this court.
C. According to the records of the trial of the political party, the Daegu District Court recognized that the territorial jurisdiction of the instant case is nonexistent, and the instant case was lawfully prosecuted at the General Military Court of the Marine Corps headquarters, which has jurisdiction over the instant criminal case.