The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined.

According to Article 38 of the Criminal Procedure Act, a judgment shall be made by a written decision prepared by a judge. According to Article 41 of the Criminal Procedure Act, a written judgment shall be signed and sealed by a judge (paragraph (1)), and if the presiding judge is unable to affix his/her signature and seal, another judge shall write the reason therefor and affix his/her signature and seal thereto (paragraph (2)). Thus, a judgment based on a written decision without such judge’s signature and seal shall be reversed on the ground that the judgment falls under “when there

(2) In light of the records, the lower court’s judgment on July 23, 2015 (see, e.g., Supreme Court Decision 2014Do17514, Jul. 23, 2015). In so doing, the lower court’s judgment was rendered on the second trial date, but the lower court found the fact that the seal of the presiding judge was omitted. As such, the lower court’s judgment was rendered by only two judges except the presiding judge, and the lower

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.