The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

According to Article 38 of the Criminal Procedure Act, a judgment shall be made by a written judgment prepared by a judge, and according to Article 41, a written judgment shall be signed and sealed by a judge (paragraph (1)). In a case where the presiding judge cannot sign and seal it, another judge shall additionally state the reason therefor and sign and seal it (paragraph (2). Thus, a judgment based on a written judgment without such judge’s signature and seal shall be reversed on the ground that the judgment falls under “when there is a violation of the Act affecting

(See Supreme Court Decisions 63Do321 delivered on April 12, 1964, 2001Do5338 delivered on December 27, 2001, etc.). According to the records, while the first instance court sentenced the first instance judgment by the judgment on the nine-time public trial date, the judge’s seal attached to the judgment on the first public trial date is omitted, and the court below made a judgment dismissing the prosecutor’s appeal without any excessive error. Thus, the judgment of the court below cannot be maintained as it is in violation of the law affecting the conclusion of the judgment.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.