[사법서사법위반][공1980.3.15.(628),12607]
Scope of affairs of a chief secretary, a petition, and a judicial secretary;
The preparation of a criminal complaint forms documents related to the affairs of the court and the public prosecutor's office, which belong to the scope of the affairs of the judicial secretary, and the filing of a petition to the public prosecutor's office belongs to the scope of the affairs of the judicial clerk under Article 2 (1) of the Judicial Documents Act and Article 2 of
Article 2 of the Judicial Act, Article 2 of the Enforcement Decree of the Judicial Secretary Act
Supreme Court Decision 75Do1301 Delivered on January 13, 1976
Defendant
Seoul Criminal Court Decision 79No2516 delivered on May 16, 1979
The appeal is dismissed.
We examine the Defendant’s grounds of appeal.
Since the preparation of a criminal complaint is to be made up of documents related to the affairs of the court and the prosecutor's office, it shall be within the scope of the affairs of the judicial secretary (see Supreme Court Decision 75Do1301, Jan. 13, 1976). The petition to be submitted to the prosecutor's office shall be within the scope of the affairs of the judicial secretary under Article 2 and Article 2 (1) of the Enforcement Decree of the Act (Presidential Decree No. 6878, Sep. 29, 1973). Thus, the judgment of the court of first instance which affirmed the judgment of the court of first instance which convicted the defendant on the same premise is not erroneous in the misapprehension of legal principles as to
In addition, the court below's decision that recognized the defendant as a business of preparing documents to the prosecutor's office is just and incomplete hearing is not erroneous. The arguments are without merit.
Therefore, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges in accordance with Article 390 of the Criminal Procedure Act.
Justices Hah-hova (Presiding Justice)