특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below (excluding the part dismissing an application for compensation) is reversed, and this case (excluding the part concerning the application for compensation order) is excluded.
1. The court below rejected the application for compensation order B filed by the applicant for compensation, and the part which rejected the application for compensation order was immediately finalized as the applicant cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.
2. We examine the reasons for appeal by the defendant ex officio before examining whether the defendant's right to a participatory trial has been infringed.
A. A participatory trial implemented pursuant to the relevant legal principles and the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust of the judiciary (Article 1 of the Act). Since anyone has the right to a participatory trial as prescribed by the Act, a case eligible for a participatory trial pursuant to the Act has the right to a participatory trial (Article 3(1) of the Act). As a matter of principle, a participatory trial shall proceed in accordance with the participatory trial procedure. However, a participatory trial shall not be held exceptionally only where the defendant does not want a participatory trial or where
(Article 5(1) and (2) of the Act. As such, whether a participatory trial is held or not is decided primarily by the defendant's will, if a case subject to a participatory trial is indicted, the court shall confirm to the defendant whether he/she/it wants a participatory trial in writing, etc. (Article 8(1) of the Act). To this end, the court shall serve the defendant or his/her defense counsel a guide on the participatory trial stating the procedure for a participatory trial, submission of documents pursuant to Article 8(2) of the Act, restriction on the change of opinion pursuant to Article 8(4) of the Act, and other precautions.