2020Do12358 Evasion of compulsory execution

1. A;

2. B

Defendants

Law Firm C (For the Defendant)

Attorney D, E

Incheon District Court Decision 2020No572 Decided August 21, 2020

November 26, 2020

The judgment below is reversed, and the case is remanded to the Incheon District Court.

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 a written judgment prepared by a judge, and according to Article 41 of the same 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 sign and seal (paragraph (2)). Thus, a judgment based on a written judgment without such judge’s signature and seal shall be reversed on the ground that the judgment falls under “when there is a violation of Acts that affect the judgment” under Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 63Do321, Apr. 12, 1964; 201Do538, Dec. 27, 2001)

According to the records, while the court of first instance sentenced the judgment of the court of first instance on the fifth trial date by the judgment of the court of first instance, the judge's signature and seal affixed to the judgment of the court of first instance is omitted, and the court below erred by misapprehending this, and thus, it can be seen that the court below rendered a judgment dismissing the Defendants' appeal. Thus, the court below's 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.

Justices Kim Jae-hwan

Justices Park Sang-ok

Justices Lee In-bokon

Justices Noh Jeong-hee