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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendants (a fine of 1.5 million won, a fine of 1.5 million won, and a fine of 1 million won) is too unreasonable.
2. Judgment ex officio (related to confirmation of citizens' intentions to participate in trials);
A. The system introduced under the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) to enhance democratic legitimacy and trust of justice (Article 1 of the Act). In principle, a case subject to citizen participation trial pursuant to the Act and its rules is being proceeded with according to the citizen participation trial procedure. However, if the defendant does not want citizen participation trial or the court decides to exclude due to any reason under Article 9(1) of the Act, the citizen participation trial shall not be held exceptionally (Articles 5(1) and 5(2) of the Act). Whether the citizen participation trial is conducted is first decided by the defendant, and if a case subject to citizen participation trial is indicted, the court must confirm the defendant's desire to participate in the trial by means of document, etc. (Article 8(1) of the Act). In addition, if the defendant wants to have a citizen participation trial, the court must reverse the citizen participation trial procedure's instruction on whether he/she wishes to have the citizen participation trial or his/her attorney participate in the trial, submission of a copy of the indictment and the citizen participation document under Article 8(1) of the Act.