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(영문) 대법원 2014.05.16 2013도12770

정치자금법위반등

Text

All appeals are dismissed.

Reasons

1. Prosecutor's grounds of appeal are examined.

The former Political Parties Act (amended by Act No. 10866, Jul. 21, 2011)

F. Political Parties Act (hereinafter referred to as “ Political Parties Act”).

The crime of becoming a member of a political party and the former State Public Officials Act (amended by Act No. 10148, Mar. 22, 2010) as a public official or teacher of private school under Articles 53 and 22(1)

A. The State Public Officials Act (hereinafter “State Public Officials Act”)

(1) Articles 84 and 65(1) of the Act provides that the statute of limitations shall run at the same time when a public official or a teacher of a private school joins a political party or other political organization immediately after joining the political party and completing the same at the same time. For the reasons stated in its holding, the lower court determined that the statute of limitations has run from the time when the public official or a teacher of a private school becomes a member of a political party and the offense of violation of the Political Parties Act due to joining a political party constitutes an immediate crime, and that the statute of limitations has run from the time when the public official or a teacher of a private school was recorded on the roster of party members at the time when the act of joining the political party is completed or when the supporters’ association member was entered. In light of the aforementioned legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds for appeal, there is no error in matters of misapprehending the legal doctrine on continuous crimes. A. The grounds for appeal on the dismissal of prosecution does not refer to the case where it is evident that the facts stated in indictment are not included in the indictment itself.