2016Do2076 Fraudulent

A

Defendant

Law Firm N (Attorney in charge)

Daegu District Court Decision 2016No4021 Decided November 25, 2016

March 9, 2017

The judgment below is reversed, and the case is remanded to the Daegu 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 decision prepared by a judge, and Article 41 shall apply.

According to this section, the judge shall sign and seal the judgment document (paragraph (1)), and the presiding judge shall sign and seal it.

If it is not possible to do so, another judge shall write the reason and sign and seal (paragraph (2)).

Article 383 subparagraph 1 of the Criminal Procedure Act provides that a judgment by a court decision with no signature or seal of a judge shall be made

The judgment should be reversed by falling under “when there is a violation of the law affecting the judgment” (Supreme Court).

See Supreme Court Decision 2014Do17514 Decided July 23, 2015, etc.

According to the records, the court below sentenced the judgment of the court below on the second court date.

Since it can be known that the presiding judge’s seal was omitted in the written judgment, the lower court ultimately rendered the presiding judge.

a judgment by a written judgment prepared only by two judges, other than a judge, which has an effect on the judgment.

The judgment of the court below shall not be maintained as it is in violation of the Act.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded again.

The case is remanded to the lower court for determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The decision shall be rendered as above.

Justices Kim In-bok

Justices Kim Yong-deok

Justices Kim Gin-young

Chief Justice Lee Dong-won