The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) 1) misunderstanding of facts (related to the crime of paragraph (2) of the original judgment) and the Defendant did not have any intention to murder. 2) The Defendant was in a state of mental disability due to depression, decentralization, and shock disorder at the time of each of the instant crimes.

3) The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable and unfair. B. Prosecutor 1) The lower court’s sentence of unfair sentencing is too uneasible and unfair.

2. In light of the fact that the Defendant, in relation to the case of the application for the attachment order, tried to kill the victim on the ground of a minor dispute, tried to send the victim to the neighbor after the release, denied the intention of murder, and does not reflect it, there is a considerable probability that the Defendant may escape legal peace by again committing murder in the future.

2. Ex officio determination

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). Since anyone has the right to a participatory trial as prescribed by the Act, a case eligible for a participatory trial pursuant to the Act has the right to a participatory trial (Article 3(1) of the Act). As a matter of principle, a participatory trial shall proceed in accordance with the participatory trial procedure. However, a participatory trial shall not be held exceptionally only where the defendant does not want a participatory trial or where

(Article 5(1) and (2) of the Act. As such, whether a participatory trial is held or not is decided first by the defendant's will, if a case subject to a participatory trial is indicted, the court shall confirm the defendant's intention to the participatory trial in writing, etc. (Article 8(1) of the Act), and for this purpose.