According to the Act on Citizen Participation in Criminal Trials (hereinafter “Act”), a defendant shall submit a written statement (hereinafter “written confirmation”) stating his/her intention to participate in a participatory trial within seven days from the date on which he/she is served with a copy of his/her indictment (hereinafter “written confirmation”) and if the defendant fails to submit his/her written confirmation within that period, he/she shall not want a participatory trial (Article 8(3) of the Act).

According to the records, the defendant, on September 10, 2013, was served with a copy of the indictment from the first instance court on September 10, 2013, and did not submit a written confirmation of intention to a participatory trial and a written guidance within the statutory period. In such a case, the first instance court unfairly infringed the defendant's right to a participatory trial,

There shall be no violation of law in the court of original judgment or in the absence of correction thereof.

Meanwhile, 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 not less 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 sentencing of the

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