Protocol of trial prepared by clerks who are not present at a public trial and its validity;

Trial records prepared by clerks who do not attend a public trial shall be null and void.

Articles 54, 64, 329, 60, and 448 of the Criminal Procedure Act

Prosecutor Kim Jae-sik, Shark's Disease

Seoul High Court

The original judgment shall be destroyed.

This case is charged to the Seoul High Court.

The grounds of appeal by the Seoul High Prosecutor's Office of Public Prosecutor are erroneous in law that the procedure cannot be deemed to have been lawfully implemented. The protocol of public trial is prepared by a clerk who has participated in the public trial, and that the procedure may be proved only by the protocol of public trial is specified in Articles 54, 64 and 329 of the Criminal Procedure Act, so long as it is evident that a clerk who has prepared the protocol of public trial and a clerk who has participated in the public trial is posted by the protocol of public trial, the protocol of public prosecutor's office of public prosecutor's office of Seoul belongs to the invalidation of the preparation by a unauthorized clerk, and it is difficult for the other party to learn the constitution of the court and the legality of the procedure.

This case's record is admitted to Gap as a clerk in the first trial record of the court below. A witness in this court record is missing after the incident of 6.25 incidents and the court records are lost due to 6.25 incidents (refer to the last day of 311 of the records) and a prior examination of witness in this court record was omitted, and it was hard for clerk B who did not attend the court record as a whole (refer to the last day of 311 of the court records) to write the records, and it was obvious that clerk B who did not attend the court record of the court below's first trial and did not have the authority to prepare the court record of the court below. It is hard to say that the court below erred in the misapprehension of the legal value of the court record of the court records as a matter of law, and it is hard to find the court records and records of the court records without any evidence evidence which prove the original contents of the court records and records of the court records, and it is hard to see that the court records and records of the court records are lost due to the lack of evidence in the original trial record of evidence.

According to the first trial records of the court below, the trial records of the court below which were conducted by the Seoul High Court on June 14, 4283 are as follows: Gap or Dong clerk who participated in the first trial on the basis of the original trial records of the original trial at the Seoul High Court on the short-term period of June 14, 4283; he did not prepare the same trial records; he was missing after the 6.25 incident; and such clerk did not have any legal records of the court records of the court on the same trial; and he prepared them on his own without any grounds other than those unrelated to the court records at the same trial; and it can be acknowledged that the actual litigation procedures of the court on the same date are omitted. In addition, since the trial records are legitimate and written by him under the responsibility of the matters to be recorded in the trial records of the court records at the same time or in the witness court, it is not unreasonable to conclude that the court's first trial records were legitimate and thus, it cannot be concluded that the court's 20th of the first trial records and the court's second trial records were legitimate and legitimate, without any ex officio.

Justices Kim Byung-ro (Presiding Justice)