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When the court of second instance reverses the judgment of the court of first instance on the grounds that it unlawfully found lack of jurisdiction or dismissed prosecution, a judgment shall be rendered to remand the case to the court of first instance.
不法に、管轄違を言い渡し、又は公訴を棄却したことを理由として原判決を破棄するときは、判決で事件を原裁判所に差し戻さなければならない。
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