The appeal is dismissed.

The grounds of appeal are examined.

1. Article 33(1) and (3) of the Criminal Procedure Act provides that the court shall appoint a defense counsel ex officio when it falls under any of the subparagraphs of paragraph (1). Article 33(3) provides that a defense counsel shall be appointed if there is no defense counsel. On the other hand, Article 33(3) provides that a defense counsel shall be appointed within the extent that does not go against the express will of the defendant, unless the court recognizes it necessary for the protection of rights, unless it falls under any of the subparagraphs of Article 33(1) of the Criminal Procedure Act. Even if a trial is conducted without the appointment of a public defender, if it is not recognized that the defendant's defense right is infringed and affected the judgment, it shall not be erroneous in violation of Article 33(3) of the Criminal Procedure

According to the records on May 9, 2013, the court of first instance: (a) acknowledged the facts charged and closed pleadings through the examination of evidence; (b) suspended the execution of the above punishment for a period of six months; and (c) rendered a judgment ordering sexual assault therapy for 40 hours and community service for 80 hours; and (d) only the prosecutor of the first instance judgment appealed on the grounds of unfair sentencing. The court of first instance ordered the sentencing investigator to conduct a trial without a public defender’s appointment; (b) continued to conduct an investigation on sentencing at the request of the defendant for agreement; and (c) closed the pleadings, after the court of first instance accepted the prosecutor’s appeal for unfair sentencing; and (d) dismissed the first instance judgment and the defendant was sentenced to six months; and (e) ordered the completion of the sexual assault therapy program for 40 hours, immediately after the court of first instance sentenced the defendant to the completion of the judgment; and (e) decided the defendant H on the same day.