2019Do16513 Intimidation, Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity)

in possession) violation of the Child Welfare Act (inception to, and mediation of, conduct against a child);

Sexual harassment, etc.

A

Defendant

Daegu District Court Decision 2019No3189 Decided October 31, 2019

January 30, 2020

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

The grounds of appeal are examined.

According to Article 38 of the Criminal Procedure Act, a judgment shall be made by means of 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)). As such, a judgment based on a written judgment without the signature and seal of a judge falls under “when there is a violation of the Act that affects the judgment” as provided by Article 383 subparag. 1 of the Criminal Procedure Act and must be reversed (see, e.g., Supreme Court Decision 2014Do

According to the records, the court below sentenced the judgment of the court below on the second trial date, but omitted the seal of the presiding judge in the judgment of the court below. Accordingly, the court below sentenced the judgment by the judgment document prepared by only two judges except the presiding judge, and the judgment below cannot be maintained as it is because it constitutes a violation of law affecting the conclusion of the judgment. Therefore, without examining the remaining grounds of appeal, the judgment of the court 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

Justices Noh Jeong-hee

Chief Justice Park Sang-ok

Justices Noh Jeong-chul

Justices Kim In-bok