2015Do10417 Fraudulent

A

Defendant

Law Firm B

Attorney W, C, and T

Suwon District Court Decision 2014No1127, 2015No951 (Joint) Decided June 26, 2015

Judgment

August 19, 2015

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

Judgment ex officio is made.

According to the provisions of Article 38 of the Criminal Procedure Act, a judgment shall be prepared by a judge, and according to the provisions of Article 41 of the same Act, a written judgment shall be signed and sealed by a judge, 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. Thus, a judgment by a written judgment without such judge's signature and seal is a violation of law that affected the judgment under Article 383 subparagraph 1 of the same Act and is a ground for reversal (see, e.g., Supreme Court Decisions 90Do145, Feb. 27, 1990; 2001Do5338, Dec. 27, 2001).

However, according to the records, the court below sentenced the judgment of the court below on the seventh trial date. The judgment of the court below is reversed on the ground that there is no signature and seal of one judge different from the presiding judge and one judge different from the presiding judge, and there is no additional entry of the reason that the presiding judge and one judge cannot sign and seal. Accordingly, the court below's judgment is unlawful on the ground that only one judge, other than the presiding judge and one judge different from the presiding judge, shall be sentenced to the judgment by the judgment document prepared by only one judge. Therefore, without omitting the judgment on the grounds of appeal, the judgment of the court below is reversed, and the case shall be remanded to the court below for a new trial and

The presiding judge shall keep the record of the Justice

Justices Min Il-young

Chief Justice Park Jong-young

Justices Kim Jae-han