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(영문) 대구지방법원 의성지원 2013.06.13 96고단164
특정범죄가중처벌등에관한법률위반(절도)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is as shown in the annexed indictment.

2. Comprehensively taking account of Article 3 of the Addenda to the Criminal Procedure Act and Article 249(2) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), in the event a public prosecution is instituted against a crime committed before December 21, 2007, the statute of limitations shall be deemed to have expired when 15 years have passed since the public prosecution was instituted without the final judgment.

However, the crime of this case was committed on July 22, 1996 and July 23, 1996 and was prosecuted on July 31, 1996, and it is obvious that 15 years have passed without confirmation of the judgment.

Therefore, the prosecution of this case constitutes the completion of the statute of limitations, and thus, the prosecution of this case is acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.

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