The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

A. A participatory trial implemented pursuant to the relevant legal principles and the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust of the judiciary (Article 1 of the Act). Any person has the right to a participatory trial as prescribed by the Act (Article 3(1) of the Act). As such, not only the Republic of Korea but also foreigners have the right to a participatory trial (Article 3(1)

In principle, a case eligible for a participatory trial shall proceed in accordance with the procedure of a participatory trial: Provided, That a participatory trial shall not be held exceptionally only where a defendant does not want a participatory trial, or where a court decides to exclude a case due to any reason

(Article 5(1) and (2) of the Act. As such, whether a participatory trial is held or not is decided primarily by the defendant's will, if a case subject to a participatory trial is indicted, the court shall confirm to the defendant whether he/she/it wants a participatory trial in writing, etc. (Article 8(1) of the Act). To this end, the court shall deliver to the defendant or his/her counsel a guide on the participatory trial stating the procedure for a participatory trial, submission of a document under Article 8(2) of the Act, restriction on the change of opinion under Article 8(4) of the Act, and other precautions.

(Article 3(1) of the Rules on Citizen Participation in Criminal Trials). In addition, the court must determine whether the defendant wants a participatory trial after giving a reasonable period of time to the defendant.

The court shall give sufficient guidance to the accused and give a considerable period of time to the accused who wants a participatory trial.