Whether an administrative clerk can engage in the business of preparing a criminal complaint;

Since a criminal complaint is prepared in relation to the affairs of the court and the public prosecutor's office, it belongs to the scope of the affairs of the judicial clerk, and the administrative clerk shall not engage in the preparation of such documents.

Articles 2, 3(1), and 40 of the Judicial Secretariat Act

Supreme Court Decision 75Do1301 Delivered on January 13, 1976, Supreme Court Decision 86Do343 Delivered on June 10, 1986

Defendant

Defendant

Seoul Criminal Court Decision 87No352 delivered on May 15, 1987

The appeal is dismissed.

As to the Grounds of Appeal:

Since a criminal complaint is prepared in relation to the affairs of the court and the public prosecutor's office, it belongs to the scope of the affairs of the judicial clerk, and the administrative clerk cannot engage in the preparation of such documents as a business.

In the same view of the court below, if the court below found the defendant guilty, and if the defendant is sentenced to a fine as in this case, it would not be a legitimate ground for appeal for the suspension of sentence, taking into account whether the defendant is faced with difficulties.

It is without merit that this appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)