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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case, since the Defendant was in a foreign country, the Defendant did not escape criminal punishment, the statute of limitations has expired due to the lapse of the statute of limitations, the judgment of acquittal should be pronounced.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The legislative purport of Article 253(3) of the Criminal Procedure Act on the suspension of the statute of limitations for a public prosecution in relation to the assertion of legal principles is to properly realize the penal authority by preventing a criminal from serving the statute of limitations during the period of stay in a foreign country where the criminal staying in the Republic of Korea is used as a means of escape. Therefore, “the purpose of escaping criminal punishment” as prescribed by the above provision is not limited to the sole purpose of staying in the foreign country, but is satisfied when the criminal stays in several foreign countries. If the criminal staying in the foreign country was a tool to escape criminal punishment, it can be deemed that there was “the purpose of escaping criminal punishment”. If the criminal staying in the foreign country was a tool to escape criminal punishment, “the purpose of escaping criminal punishment” during the period of stay in the foreign country, barring any objective circumstance where the criminal’s subjective intent that cannot be compatible with the above “purpose of escaping criminal punishment” is clearly revealed (see, e.g., Supreme Court Decision 2008Do4101, Dec. 11, 2008).
① The Defendant, while committing the instant crime, entered August 23, 2009 immediately after the end of the commission of the crime in violation of the National Sports Promotion Act ( August 9, 2009) and temporarily left Korea for 90 days until November 20, 200 of the same year, and re-enters from Korea on November 24, 201 of the same year after entering Korea.