The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. It is unlawful that the court below dismissed the defendant's request for the appointment of a state appointed defense counsel for reasons of poverty.

B. Although there is a fact that the defendant uses assaulting the victim's face to injure the victim's face, there is no fact that the victim's face and the parts of the body are not left-hand.

C. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. As to the violation of procedure, Article 33(2) of the Criminal Procedure Act (hereinafter “the Act”) provides that “where a defendant is unable to appoint a defense counsel due to poverty or any other reason, the court shall appoint a defense counsel if the defendant makes a request.” Article 17(3) of the Regulation on Criminal Procedure provides that a public defender shall be appointed without delay when a request for the appointment of a public defender is made pursuant to Article 33(2) of the Act, and Article 17-2 provides that “Where a public defender is requested pursuant to Article 33(2) of the Act, the defendant shall submit explanatory materials.”

According to the records, on January 29, 2015, prior to the commencement of the first trial date of the lower court, the Defendant requested the lower court to appoint a state appointed defense counsel on the ground of poverty stipulated in Article 33(2) of the Act in writing, along with supporting documents that the Defendant himself/herself is the national basic livelihood recipient. However, the lower court rendered a decision to dismiss the Defendant’s request for appointment of a state appointed defense counsel on February 6, 2015 on the first trial date of the lower court on February 6, 2015, and the lower court may recognize the fact

However, according to the evidence such as the National Basic Living Security Benefit Certificate submitted by the defendant when requesting the appointment of a public defender, it constitutes a case where the defendant is unable to appoint a defense counsel due to poverty.