The appeal is dismissed.

The grounds of appeal are examined.

1. "When a defendant is detained" under Article 33 (1) 1 of the Criminal Procedure Act refers to a case where a defendant is already detained and is under trial in the pertinent criminal case. Thus, the above provision shall not apply until the defendant is detained, even after a court rendered a judgment against a non-detained defendant, and even if he/she is detained in the court, until he/she is detained (see Supreme Court Decision 2010Do17353, Mar. 10, 201). According to the records, the defendant can be aware of the fact that he/she has been tried in an undetained state prior to the pronouncement of the judgment of the court below. Thus, even if the court below, without appointing a counsel against the defendant, proceeded with the trial without appointing a national defense counsel, the court below did not err in violating the procedure under Article 33 of the Criminal Procedure Act, as alleged in the grounds for appeal.

2. In addition, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal is permitted only for a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, and thus, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.