The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.

1. We examine ex officio the infringement of the right to a national participatory trial.

A. A. A citizen’s participatory trial implemented under the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust of justice (Article 1 of the Act). Any person has the right to a citizen’s participatory trial under the conditions as prescribed by the Act (Article 3(1) of the Act). In principle, a case subject to a citizen’s participatory trial under the Act shall proceed according to the citizen participatory trial procedure. However, if the defendant does not want a citizen participatory trial or the court makes a decision of exclusion due to any reason prescribed in subparagraphs of Article 9(1) of the Act, the citizen participatory trial shall not be held exceptionally (Articles 5(1) and 5(2) of the Act). According to the foregoing, if a case subject to citizen’s participatory trial is instituted, the court should also confirm the defendant’s participatory trial by means of writing, etc., whether he/she wishes to have a citizen participatory trial (Article 8(1) of the Act), and submission of a copy of the judgment and the citizen’s participatory trial procedure under Article 8(1).