The judgment of the court below is reversed.

The case is remanded to the Changwon District Court Panel Division.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant was subject to a final decision as to the same case as the victim E, a special intimidation, and a special assault under paragraph (1) of the crime committed in the judgment of the court below, thereby punishing the Defendant for each of the above crimes constitutes double punishment and also contravenes the principle of res judicata.

B. The Defendant of mistake of facts in the judgment of the court below merely carried the knife knife at the time of the crime of special robbery under paragraph (2) of the criminal facts in the judgment of the court below and special intimidation against the victim R under paragraph (4).

C. The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Ex officio determination

A. A participatory trial implemented in accordance with the Act on Citizen Participation in Criminal Trials (hereinafter “Act on Citizen Participation in Criminal Trials”) is a system introduced to enhance democratic legitimacy and trust of justice (Article 1 of the Act). Since a person has the right to a participatory trial as prescribed by law (Article 3 of the Act), a case eligible for a participatory trial is conducted in accordance with the procedure for a participatory trial. However, a participatory trial shall not be conducted in exceptional cases where a defendant does not want a participatory trial or a court decides to exclude a participatory trial on the ground under any subparagraph of Article 9(1) of the Act.

(Article 5(1) and (2) of the Act. As such, whether a participatory trial is held or not is decided primarily by Defendant’s will, if a case subject to a participatory trial is indicted, the court shall confirm to Defendant whether he/she wishes a participatory trial in writing, etc. (Article 8(1) of the Act). To do so, Defendant or defense counsel shall confirm Defendant’s procedure for a participatory trial, submission of documents under Article 8(2) of the Act, and submission of documents under Article 8(4) of the Act.