Article 33 of the Criminal Procedure Act provides for the reason that a defense counsel shall be appointed in accordance with paragraph (1) of the same Article, and Paragraph (3) of the same Article provides that the court shall appoint a defense counsel to the extent that it does not go against the express will of the defendant when the court deems it necessary for the protection of rights in consideration of the age, intelligence,

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The appointment of a national defense counsel under Article 33 (3) of the Criminal Procedure Act shall be limited to cases where the court deems it necessary to protect the rights of the defendant, and it shall not be required to appoint a defense counsel in all criminal cases.

Examining the record in light of the above legal principles, in the instant case, which does not fall under any of the subparagraphs of Article 33(1) of the Criminal Procedure Act, the lower court’s judgment and measure are justifiable on the ground that the court did not need to appoint a national defense counsel at its discretion in order to protect the rights of the Defendant, and that the court was conducting the trial without the national defense counsel.

The court below's failure to appoint and appoint a national defense counsel infringed the defendant's right to defense and affected the conclusion of the judgment.

shall not be deemed to exist.

According to the records, while filing an appeal in the first instance judgment, the Defendant asserted misunderstanding of facts and misunderstanding of legal principles as well as unfair sentencing on the grounds of the appeal, but withdrawn the grounds for appeal of misunderstanding of facts and misunderstanding of legal principles on the date of the first instance trial of the lower court, and the lower court did not ex officio consider the matters alleged in

In such a case, the argument that the lower court erred by mistake and misapprehension of the legal doctrine is not a legitimate ground of appeal.

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