The judgment of the court below is reversed.

The judgment below is remanded to the Daegu District Court.

1. The main point of the grounds for appeal is that the original court’s imprisonment (three years and six months of imprisonment) is too unreasonable;

2. Determination ex officio prior to the judgment on the grounds for appeal by the defendant.

The facts charged in the case of the lower court No. 2013 Gohap3 are cases under the jurisdiction of collegiate panel at the time of prosecution, and is subject to a participatory trial under Article 5(1)1 of the Act on Citizen Participation in Criminal Trials (hereinafter “the aforementioned Act”) and Article 32(1)3 of the Court Organization Act.

In addition, the facts charged in the case of the court below 2013Gohap53 is not a case under the jurisdiction of the collegiate panel, but is subject to the participatory trial pursuant to Article 5 (1) 3 of the above Act and Article 11 (1) of the Criminal Procedure Act.

B. A participatory trial is a system introduced to enhance the democratic legitimacy and trust of the judiciary (Article 1 of the above Act). Since any person has the right to a participatory trial in accordance with the law (Article 3 of the above Act), a case eligible for a participatory trial shall be conducted in accordance with the procedure for a participatory trial pursuant to the law and its rule. However, a participatory trial shall not be conducted exceptionally only where the defendant does not want a participatory trial or the court decides to exclude because there are reasons under each subparagraph of

(Article 5(1), (2)(c) of the above Act

As above, since 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 must confirm to the defendant whether he/she wants a participatory trial in writing, etc. (Article 8 (1) of the above Act). For this purpose, the participatory trial is conducted in which the defendant or his/her defense counsel stated the procedure for a participatory trial, submission of documents pursuant to Article 8 (2) of the above Act, restriction on the change of opinion pursuant to Article 8 (4) of the above Act, and other precautions.