The judgment of the court below is reversed.

The case is remanded to Suwon District Court. The case is remanded to the Division of Suwon District Court.

The grounds for appeal by the defendant and the prosecutor shall be determined ex officio prior to examining the grounds for appeal.

1. The Act on Citizen Participation in Criminal Trials (hereinafter “Act”) was introduced for the purpose of enhancing democratic legitimacy and trust in judicial proceedings (Article 1 of the Act). In principle, cases subject to citizen participation in accordance with the Act and its rules are conducted according to the citizen participation trial procedure. However, where the defendant does not want citizen participation trial or the court makes a decision of exclusion on the grounds provided for in each subparagraph of Article 9(1) of the Act, citizens participation trial shall not be held exceptionally (Article 5(1) and (2) of the Act). If a case subject to citizen participation is instituted pursuant to the Act on Citizen Participation in Criminal Trials, the issue of whether to conduct citizen participation trial is decided first by the defendant’s will, and if there is a prosecution against the case subject to citizen participation, the court must confirm the defendant's desire to have citizen participation in criminal trial by document, etc. (Article 8(1) of the Act). The defendant’s explanation of the defendant’s desire to have citizen participation in criminal trial and submission of a copy of the indictment to the defendant’s participation in criminal trial or defense counsel’s desire to do so.