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(영문) 대법원 1963. 6. 13. 선고 63도113 판결
[업무상횡령][집11(2)형,005]
Main Issues

The effects of protocol of trial recorded by the presiding judge who does not participate in the fact-finding

Summary of Judgment

A judge who has participated in the reasons for the public trial is not only the presiding judge "A", "B", "B" free of charge, "Court's office", "Court's office" and "Court's office" but also in the case where it is impossible for the presiding judge to affix his/her signature and seal on the ground of such reason if he/she cannot affix his/her seal and seal to the court's office at the end of the public trial examination, he/she shall have double error that other judges have affixed their signature and seal on the ground of such reason. However, since it is obvious that a clerk who is presumed to have participated in the public trial as mentioned above has prepared the protocol of public trial and signed and sealed the "military judicial scrivener's office" who has participated in

[Reference Provisions]

Articles 87, 432, and 433 of the Law Meeting Act

Appellant, Defendant

Appellant

Judgment of the lower court

High Military Port 62 and 630 delivered on March 8, 1963, such as the first instance court’s ordinary military service and the second instance military service.

Text

The appeal is dismissed.

60 days under detention after the filing of the appeal shall be included in the original sentence.

Reasons

According to Article 87 of the Appellate Court Act, when the presiding judge and clerks who participated in the trial cannot affix their signatures or seals to the trial records, other judges shall write the reasons therefor, and when the presiding judge or clerks who have participated in the trial cannot affix their seals or seals to the trial records, other court clerks shall affix their signatures or seals to the reasons therefor, and when the court clerks cannot affix their seals or seals to the trial records, the court clerks who participated in the trial shall affix their seals or seals to the reasons therefor, and where the court clerks cannot affix their signatures or seals to the trial records, other court clerks shall write the reasons therefor and affix their signatures or seals to the trial records and where it is impossible for them to affix their seals or seals to the court records, other court clerks who participated in the trial records shall affix their seals or seals to the court records. According to the records of this case, in spite of the order of the presiding judge, the court clerks who participated in the trial records of the court records of the court records of the court of law, and where other court judges cannot affix their seals or seals to the court records of the above court judge, other court records or signature and seals of the court records.

Therefore, the ground of appeal is groundless, and it is so decided as per Disposition by the assent of all participating Justices.

The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the highest leapbal leapbal leaps

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