2017Do11632 Violation of the Act on Testimony, Appraisal, etc. at the National Assembly

A person shall be appointed.

Defendant

Attorney BD, BJ, BE, BK, BN, BM

Seoul High Court Decision 2017 - 1528 Decided July 13, 2017

June 28, 2018

All the judgment of the court below and the judgment of the court of first instance are reversed.

The prosecution of this case is dismissed.

The grounds of appeal are examined.

1. The facts charged in the instant case are crimes falling under Article 14(1) of the Act on Testimony, Appraisal, etc. before the National Assembly (hereinafter “National Assembly Testimony Act”) and can be prosecuted only upon an accusation by the Committee under Article 15(1) of the same Act. Such accusation is possible not only during the period when the National Assembly Testimony Appraisal Act, but also during the period when the commission remains (see Supreme Court en banc Decision 2017Do14749, May 17, 2018).

2. According to the records, the instant accusation was filed after the commission no longer continued to exist.

2. Inasmuch as the public prosecution was conducted on December 28, 200, it does not constitute a lawful accusation under the National Assembly Testimony Act. Therefore, the instant public prosecution is deemed null and void in violation of the statutory provisions

Therefore, the lower court and the first instance court should have sentenced the dismissal of prosecution in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act after ex officio investigation of the case, even if the Defendant did not assert such grounds, but did not err by deeming the instant indictment lawful and thereby convicted the Defendant.

3. Therefore, all of the judgment below and the judgment of the 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.

Justices Kim So-young

Justices Go Young-young

Justices Kim Jong-il

Justices Cho Jae-chul et al.