A. The court below erred by misapprehending the legal principles as follows, which affected the conclusion of the judgment.

1) Although the Defendant constitutes a person subject to a custody application for treatment, the prosecutor did not request the Defendant to take care of the custody.

2) According to Article 9 of the Act on Citizen Participation in Criminal Trials and Article 6 of the said Act (hereinafter “Rules on Citizen Participation in Criminal Trials”), the court did not undergo the procedure for identifying intention under the said provision, even though the court considered the opinions of the accused or his/her defense counsel before rendering a decision to exclude the citizen’s participation in criminal trials.

In addition, this case does not correspond to the case where it is deemed inappropriate to proceed by the citizen participation trial, and since the citizen participation trial is the defendant's right, the decision of the court below to exclude the citizen participation trial is unlawful.

B. The sentence sentenced by the lower court to the Defendant (4 years and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the argument of misunderstanding the legal doctrine is recognized according to the records of the instant case.

A) On August 17, 2012, the Defendant was prosecuted for the following facts constituting the crime [2012 Gowon District Court Jinwon Branch 2012 Gowon Branch 108] The above court sentenced the Defendant to five years of imprisonment by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and Article 329 of the Criminal Act, etc., and the Defendant appealed and filed an appeal, but the Defendant appealed and filed an appeal on April 26, 2013 [378, Busan High Court (original High Court) 2012No378 and July 11, 2013 (Supreme Court Decision 2013Do5684).

1. On July 25, 2012, the Defendant entered the E store operated by the victim D in Jinju-si around 17:20 on March 25, 2012

As we look at a crepit, the gap in which surveillance has been neglected has been kept in a simple safe.