The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Ex officio determination

A. Article 33(2) of the Criminal Procedure Act (hereinafter “Act”) provides that “Where the defendant is unable to appoint a defense counsel due to poverty or any other reason, the court shall appoint a defense counsel upon the defendant’s request.”

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Article 17 (3) of the Regulation on Criminal Procedure provides that in case where a defendant requests the selection of a national defense counsel under Article 33 (2) of the Act, the court shall, without delay, appoint a national defense counsel, and Article 17-2 of the Regulation on Criminal Procedure provides that in case of a request for the appointment of a national defense counsel under Article 33 (2) of the Act, the defendant shall submit explanatory materials.

According to the evidence, such as a certificate of basic living security recipient, there is sufficient room to recognize that the defendant is unable to appoint a defense counsel due to poverty, and there is no other circumstance to determine otherwise on the record.

Therefore, the court below decided to appoint a national defense counsel and had the selected defense counsel participate in the trial unless there are special circumstances.

However, as long as the court below did not do so and conducted the subsequent trial, the court below erred in violation of the Criminal Procedure Act regarding the appointment of the national defense counsel, thereby allowing the defendant to exercise effective defense rights with the assistance of the national defense counsel, thereby adversely affecting the conclusion of the judgment (see Supreme Court Decision 2010Do18103, Mar. 24, 201). (B) The records reveal that the defendant requested the selection of the national defense counsel on the ground of poverty and other reasons immediately after receiving the summary order as to the facts charged in this case, and submitted the basic living security certificate and the certificate of the disabled (Grade 2, the disabled) as explanatory materials.