The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The lower court’s judgment following the lapse of litigation: (a) all of the facts charged of this case is seven years of prescription; (b) the prosecution of this case was instituted on January 7, 2016 after seven years have passed since the completion of the criminal act; and (c) the Defendant was abroad to escape from criminal punishment.

Since it is difficult to see that the statute of limitations is suspended, the defendant was acquitted for the reason that the statute of limitations cannot be suspended.

The prosecutor appealed against the judgment of the court below prior to the remand, and the trial prior to the remand was dismissed for the same reason as the judgment of the court below.

Before the remand of the judgment, the prosecutor rendered the judgment before the remand, and the Supreme Court accepted the prosecutor's appeal and reversed the judgment below and remanded.

"Purpose of escaping from criminal punishment" in Article 253 (3) of the Criminal Procedure Act does not necessarily require the commencement of an investigation such as summons of a criminal defendant by an investigative agency, and it is probable that the criminal defendant may be punished for the pertinent case.

In the event of circumstances that can be seen, it is recognized.

According to the evidence submitted by the prosecutor, the defendant stayed abroad with the recognition of the possibility of punishment as the facts charged of this case from October 201, 201 when the victim filed a complaint.

As such, the statute of limitations has been suspended.

I would like to say.

Nevertheless, the judgment of the court below that acquitted the defendant is erroneous in the misapprehension of legal principles.

Article 253(3) of the Criminal Procedure Act provides that “a person who stays abroad for the purpose of escaping criminal punishment” includes not only cases where the offender has escaped abroad in order to commit a crime in the Republic of Korea and escape criminal punishment, but also cases where the offender continues to stay abroad for the purpose of escaping criminal punishment (see Supreme Court Decision 2015Do5916, Jun. 24, 2015). Meanwhile, “a person who stays abroad for the purpose of escaping criminal punishment” is punished.