This case is obvious that it does not constitute a case eligible for a participatory trial under Article 5 (1) of the Act on Citizen Participation in Criminal Trials. Thus, the first instance court's failure to confirm the defendant's desire for a participatory trial pursuant to the above Act does not constitute an infringement of any statute or the defendant's right to a participatory trial.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.