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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Prosecutor’s Grounds of Appeal
A. As to the acquittal portion of the remaining Defendants except Defendant AE, AH, BE, BS, CG, CG, CI, and CJ, the crime of violating the Political Parties Act established by joining a political party by 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”) as a party member, and the crime of violating the State Public Officials Act established by 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”) is established immediately when a public official or a teacher of a private school joins a political party or other political organization and simultaneously completes the statute of limitations at the same time.
(See Supreme Court Decision 2012Do12867 Decided May 16, 2014, etc.). Of the instant facts charged against the said Defendants, the lower court determined that, inasmuch as the prosecution against the said Defendants on the violation of the Political Parties Act due to the said Defendants’ becoming a member of the CR party and on the part of the violation of the State Public Officials Act due to their joining as a party member or sponsoring party membership was instituted after the lapse of the statute of limitations for each three years from the time of joining the said facts charged, it constitutes “when the statute of limitations for prosecution expires” under Article 326 subparag. 3 of
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 by misapprehending the legal principles on the starting point of prescription
B. As to the acquittal portion of Defendant D and CL, the lower court refers to the act of joining political parties under Article 65(1) of the State Public Officials Act as “party members” under Article 22 of the Political Parties Act, which have certain rights and duties, to political parties.