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(영문) 전주지방법원 2014.11.28 2013노732
정치자금법위반등
Text

1. Each of the judgment below's convictions shall be reversed.

2. Each sentence shall be pronounced against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. As to each acquittal of the judgment of the court below in the misapprehension of legal principles, the violation of the State Public Officials Act, the violation of the Local Public Officials Act, and the violation of the Political Parties Act by joining a political party constitutes a continuous crime of which punishment is continued, and thus, when the Defendants withdraw from a political party, the period at which the crime is terminated and the starting point of the statute of limitations begins. Thus, this part of the indictment against the Defendants was instituted before the statute

However, the court below held that the statute of limitations should be calculated from the time when each of the above crimes constitutes immediate crimes and the act of joining a political party is completed, and sentenced to acquittal on the grounds of the expiration of the statute of limitations for each of the facts charged. Thus, the court below erred by misapprehending the legal principles on continuing crimes, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendants (Defendant A, D, E, F, H,CC, I, J, L, N,O, S: each fine of KRW 300,00,00, Defendant B, C, G, K, M, P, Q, and R: each fine of KRW 200,00,000 is too unjustifiable.

B. (1) Defendants (1) asserted mistake of facts and misapprehension of legal principles as to each guilty part of the judgment of the court below on the grounds of appeal on the grounds of appeal, but withdrawn the assertion of mistake of facts and misapprehension of legal principles on the second trial of the court of appeal, and stated that only the grounds for

(2) However, the above assertion of unfair sentencing is made after the lapse of the period for filing a statement of grounds for appeal, and thus cannot serve as a legitimate ground for appeal.

However, the appellate court may decide ex officio on the grounds that affect the judgment, even if the grounds for appeal are not included in the statement of grounds for appeal (Article 364(2) of the Criminal Procedure Act). If the defendant appealed only on the ground of mistake of facts, the appellate court reverses the judgment of the first instance on the ground of

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