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(영문) 대구지방법원 2018.09.06 2018노794
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the statute of limitations has been suspended for the pertinent period, since the defendant had been abroad in order to escape criminal punishment against the facts charged in this case.

The judgment of the court below which pronounced acquittal on the ground that the statute of limitations has not been suspended, shall be erroneous in the misapprehension of legal principles, thereby affecting the conclusion of the judgment.

2. The lower court, based on its stated reasoning, determined that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant had been abroad in order to escape criminal punishment against the instant facts charged.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

3. The appeal by the prosecutor of the conclusion is without merit, and thus dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the judgment below’s dismissal “in September 8, 2014” in Article 3 of the Criminal Procedure Act refers to ex officio dismissal pursuant to Article 25(1) of the Rules on Criminal Procedure, since it is obvious that the prosecutor will hold office in a wrong manner around September 2004.

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