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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 state public official or a teacher of a private school under Articles 53 and 22(1) of the former Political Parties Act (amended by Act No. 10866, Jul. 21, 2011; hereinafter “ Political Parties Act”) and a crime in which a state public official or a teacher of a private school becomes a member of a political party, and a state public official 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”) joins a political party or any other political organization, and the crime in which a state public official or teacher of a private school, etc. joins the political party and is immediately established upon joining
The lower court upheld the first instance court’s judgment that each of the facts charged against the said Defendants constitutes a case where the statute of limitations has expired, on July 22, 2011 or July 25, 2011, since the part concerning the violation of the Political Parties Act due to the National Public Officials or Private School Teachers of the instant charges against the Defendants other than Defendant B, V, and W became a party member of the BX Party, or the part concerning the violation of the State Public Officials Act due to the State Public Officials’ accession to the party member or sponsor Party to the BX Party was instituted on July 22, 2011, when the three-year statute of limitations has expired from the time of joining the said Defendants.
In light of the above legal principles, the above measures by the court below are just, and contrary to the prosecutor's grounds of appeal, there were no errors by misapprehending the legal principles on the starting point of the statute of limitations.
2. As to the Defendants’ grounds of appeal (excluding Defendant Z)
A. If there is no concern about the defendant's exercise of his/her right to defense against the grounds of appeal on Amendments to Bill of Indictment, the court has different facts without going through amendments to Bill of Indictment to the same extent.