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(영문) 대법원 2015.08.19 2015도10417
사기
Text

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

Reasons

Judgment ex officio is made.

According to the provisions of Article 38 of the Criminal Procedure Act, a judgment shall be prepared by a judge, and according to the provisions of Article 41 of the same Act, a written judgment shall be signed and sealed by a judge, 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. Thus, a judgment by the written judgment without such judge's signature and seal is a violation of law which affected the judgment under Article 383 subparagraph 1 of the same Act and constitutes a ground for reversal (see, e.g., Supreme Court Decisions 90Do145, Feb. 27, 1990; 2001Do5338, Dec. 27, 2001). However, according to the records, the court below is deemed to have pronounced the judgment by a written judgment on the seventh day of trial. In light of the written judgment of the court below, there is no additional entry between the presiding judge and another judge, and no one of the judges and other judges cannot be exempted from the judgment.

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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