The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13 million.

The above fine shall not be paid by the defendant.

1. The reasoning of the appeal is that the lower court’s punishment (an amount of KRW 13 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, Article 33(2) of the Criminal Procedure Act provides that “Where the defendant is unable to appoint a defense counsel on account of poverty or other reasons, the court shall appoint a defense counsel if requested by the defendant.”

Article 17(3) of the Regulation on Criminal Procedure provides that “When a request for the appointment of a national defense counsel is made pursuant to Article 33(2) of the above Act, a national defense counsel shall be appointed without delay. Meanwhile, Article 38 of the same Act provides that “a national defense counsel shall be appointed by a court decision prepared by a judge.”

Provided, That where a ruling or order is notified, it may be made by entering it in a protocol instead of preparing a written judgment.

“The pronouncement or notification of a judgment” under Article 42 of the same Act shall be made by means of court records in court records, and in other cases, by means of delivery of a certified copy of court records or by any other appropriate method.

“.......”

According to the records, the court below acknowledged that the defendant proceeded on the first trial date without appointing or refusing a request for the appointment of the national defense counsel, which was made in writing by the defendant on January 11, 2017, before the first trial date, and concluded the pleadings on the first trial date, and that the judgment was rendered on the second trial date. However, even if the defendant's request for the appointment of the national defense counsel was not accompanied by supporting documents proving reasons for poverty, etc., the court of the court below did not grant the defendant an opportunity to vindicate the reasons for the request or recognize the reasons for the request.

If it is determined, at the last public trial at the latest, the decision of dismissal was made prior to the pronouncement of the judgment, and the defendant was notified. The court rendered a judgment without notifying the defendant of any trial or trial on the defendant's request for the appointment of a defense counsel.