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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal by the public prosecutor, a public official or a teacher of a private school as provided in Articles 53 and 22(1) of the former Political Parties Act (amended by Act No. 10866, Jul. 21, 2011; hereinafter “ Political Parties Act”) is a party member, and a public official as provided in Articles 84 and 65(1) of the former State Public Officials Act (amended by Act No. 10148, Mar. 22, 2010; hereinafter “State Public Officials Act”) joins a political party or any other political organization; thus, a crime committed by a public official or a teacher of a private school, etc. becomes an immediate crime upon joining the political party and completing at the same time, the statute of limitations begins at the same time
The court below held that since the prosecution against the Defendants on the violation of the Political Parties Act due to the commission of a public official or a teacher of a private school among the facts charged in this case as a member of the BP party and on the charge of violation of the State Public Officials Act due to the public official's joining the BP party as a member of the party, the statute of limitations for each of the facts charged against the Defendants was completed, each of the three years statute of limitations for prosecution against
The judgment below
Examining the reasoning in light of the aforementioned legal principles, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles on the starting point of prescription.
2. As to the Defendants’ grounds of appeal
A. The facts stated in the indictment under Article 328(1)4 of the Criminal Procedure Act are true in the grounds of appeal No. 2.
Even if the facts that constitute an offense are not included in the indictment means a case where it is evident that the facts themselves do not constitute a crime due to the determination of the facts in the indictment itself.
(see, e.g., Supreme Court Decision 90Do174, Apr. 10, 1990). Examining the record in light of such legal principles, among the facts charged in the instant case.