2015Do7426 (a) Occupational embezzlement

(b) Interference with business;

C. Occupational breach of trust

(d) Violation of Information and Communications Network Utilization Promotion Act;

(Defamation)

1. (a) A;

2.b, c. B

Defendants and Prosecutor (Defendants)

Seoul Central District Court Decision 2014No5119 Decided May 8, 2015

September 24, 2015

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. 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 (paragraph (2)). Thus, a judgment based on the 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 that has affected the judgment” under Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 2014Do17514, Jul. 23, 2015; 2001Do5338, Dec.

According to the records, the court below sentenced the judgment of the court below on the third trial date on the third trial date, but it can be known that the presiding judge's name and seal was omitted at the time of the judgment of the court below and there is no additional entry of reasons for which the presiding judge is unable to affix his name and seal. Accordingly, the court below sentenced the judgment by only two judges except the presiding judge, which constitutes a violation of law that affected the conclusion of the judgment, and the judgment of the court below is not maintained as is. Therefore, without examining the grounds of appeal, the court below reversed the original judgment and the case is remanded to the court below for a new trial and

Justices Kim Jae-sik et al.

Justices Lee Sang-hoon

Justices Cho Jong-hee

Chief Justice Park Sang-ok