1. Article 248(1) of the Criminal Procedure Act provides that “A public prosecution shall not have effect on any person other than the person designated as a defendant by a public prosecutor.” Article 253(1) of the same Act provides that “The limitation period shall cease to toll on the institution of a public prosecution and begin to run from the time when a judgment dismissing a public prosecution or a judgment indicating a violation of jurisdiction becomes final and conclusive.” Article 248(2) of the same Act provides that “The suspension of prescription under the preceding paragraph against one of the co-offenders shall have effect on the other

As such, the Criminal Procedure Act provides that the statute of limitations shall be suspended for one of the co-offenders in order to maintain equity in punishment among the co-offenders, and the concept and type of the above co-offenders do not have any provision.

Therefore, in interpreting an accomplice under Article 253(2) of the Criminal Procedure Act, the perspective of legislative intent of the above provision, such as equity in punishment among accomplices, the basic ideology of the Criminal Procedure Act, adequate realization of state punishment rights, and systematic harmony with substantive laws, such as the Criminal Act, which provide for the exercise of state punishment rights, should be comprehensively considered. In particular, since the above provision is set up an exception to expanding the human resources scope of the effect of prosecution, it shall be strictly interpreted in principle, and it shall not be extensively interpreted in the direction unfavorable to the defendant (see Supreme Court Decision 2011Do15137, Mar. 29, 2012). Although a person in the so-called-called opposite criminal relationship, such as the crime of offering of bribe and the crime of acceptance of bribe, is called a requisite accomplice in terms of lectures, a person needs to be punished in accordance with each other, and thus, it shall be punished under the separate penal provisions.