The official seal of the chief of the Myeon shall be affixed and the official seal of the chief of the Gu shall be appropriate.

The judgment that "the seal of the Myeon shall be affixed to the official seal column of the Myeon Chapter" is that it is the phenomenon where the official seal of the Myeon Chapter is affixed, that is, only the result is the situation where the official seal of the Myeon Chapter is affixed, and there is no explanation as to the method, method, or act of withdrawing the official seal on the certificate of the personal seal impression, it cannot be deemed

Article 323 of the Criminal Procedure Act

Defendant

Attorney Jin Chang-sil et al.

Daegu High Court Decision 78No545 delivered on June 28, 1979

The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. The judgment of the first instance, which maintained the judgment of the court below, states that the defendant, as criminal facts pertaining to Article 3 of the official document against the defendant, each of the prescribed columns on the certificate of the personal seal impression of his red pages, with the seal affixed thereon, shall be affixed to the official seal of the head of the Dong and each of the following red pages shall be affixed to the official seal of the head of the Dong, and the official seal of the head of the Dong shall be affixed to the official seal of the head of the Dong and the seal affixed to the head of the Dong office of the same e-mail, where he had the seal affixed to each of the above e-mail in his official document, and each of the above Kim Young-young in the name of the head of the Dong, which is an official document, and one copy of the official seal impression for Lee Yong-Nam,

2. As the facts in the above ruling, whether or not the seal impression of the red face with the seal impression affixed is affixed by any means or methods can not be known in the city.

The fact that the official seal is affixed can not be seen as an act or act shown in the certificate as a result of any act.

In order to affix the official seal, the seal of the face shall be affixed with the misappropriation of the official seal of the face, the public official in charge of the fixed site shall affix the official seal, or the official seal shall be affixed with the forged seal, or the official seal shall be affixed with the official seal of the closed Myeon issued in the name of the lawful issued red Myeon as shown in the facts charged, such as the statement of the facts charged, "each seal shall be affixed with the official seal of the red Myeon by the method of transfer, etc." In accordance with the above decision, it shall not be deemed that there was no explanation as to the method of the process in which the official seal of the face Myeon was affixed to the two copies of the certificate of the issue, and the fact of crime was specified.

In addition, even if the record is examined, there is no evidence to find out whether or not the defendant has affixed the official seal of the above certificate of the personal seal impression by any means or method, and there is no evidence to see that the defendant has deliberated on this point.

Therefore, the judgment of the court below shall be deemed to have committed an unlawful act with the judgment of the court of first instance which did not meet the reasons for the judgment, and since the illegality affected the result of the judgment, it cannot be exempted from reversal, and therefore, it is justified in this regard.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)