국회에서의증언ㆍ감정등에관한법률위반
All the judgment of the court below and the judgment of the first instance are reversed.
The prosecution of this case is dismissed.
The grounds of appeal are examined.
1. The facts charged in this case are crimes falling under Article 14(1) of the Act on Testimony, Appraisal, etc. before the National Assembly (hereinafter “the Act on Testimony, etc.”) and can be prosecuted only when the commission files an accusation under Article 15(1) of the same Act.
In addition, such accusation can be made only while the National Assembly’s testimony is in existence (see Supreme Court Decision 2017Do14749, May 17, 2018). 2. The record reveals that the instant accusation was made on February 28, 2017, after the commission was no longer continued, and thus, it does not constitute a lawful accusation under the Act on the Testimony of the National Assembly.
Therefore, the prosecution of this case constitutes null and void in violation of the provisions of law.
Therefore, even though the court below and the court of first instance did not assert such grounds, they should have sentenced to the dismissal decision of the public prosecution pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act after ex officio investigation on such grounds, but did not err by deeming the instant public prosecution to be lawful, thereby making a judgment of conviction against the defendant.
3. Therefore, all of the judgment of the court below and the judgment of the court of first instance are reversed, and the prosecution of this case is dismissed in accordance with Article 396(1) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.