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(영문) 대법원 2014.05.16 2013도2504
국가공무원법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, 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”), who becomes a member of a political party, and a crime under 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”) and Articles 82 and 57(1) of the former Local Public Officials Act (amended by Act No. 10147, Mar. 22, 2010; hereinafter “Local Public Officials Act”) are an immediate crime established by a public official or a teacher of a private school, etc. to join a political party or any other political organization immediately and simultaneously established with the completion of the statute of limitations.

The court below held that since the violation of the Political Parties Act due to the becoming a member of a political party by a public official or a private school teacher and the violation of the State Public Officials Act or the violation of the Local Public Officials Act due to the joining of a political party constitutes an immediate crime, the statute of limitations shall be calculated from the time of entry in the roster of party members and from the time of entry in the roster of supporters' associations at the time of completion of joining the political party and from the time of expiration

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the starting point of prescription

2. As to the grounds of appeal by Defendant N, S, W, X,Y, and Z (hereinafter “Defendants”)

A. In a case where there is no concern about substantial disadvantage in the exercise of the defendant's right to defense, the court shall render the same extent as the facts charged.

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