The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. The proviso of Article 12(4) of the Constitution provides, “When a criminal defendant is unable to file a defense counsel on his/her own, the State shall have a defense counsel under the conditions as prescribed by Act.” Accordingly, Article 33(2) of the Criminal Procedure Act provides, “Where the 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.”

In addition, the case in which a public defender is appointed under Article 33(2) of the Criminal Procedure Act shall not be opened without a defense counsel (main sentence of Article 282 of the Criminal Procedure Act), and such provision shall apply mutatis mutandis to the appeal trial (Article 370 of the Criminal Procedure Act). In addition, Article 17(3) of the Regulation on Criminal Procedure provides that in case where a defendant requests the appointment of a public defender under Article 33(2) of the Criminal Procedure Act, the court shall appoint a public defender without delay. Article 17-2 of the Regulation on Criminal Procedure provides that the defendant shall submit explanatory materials, but it shall not apply in case where it is deemed that the reason has been substantiated by the record. Article 156-2(4) of the Regulation on Criminal Procedure provides that in case where the appellate court dismisses the defendant's request for appointment of a public defender, the period from the date on which the defendant requested the appointment of a public defender to the date on which the

On the other hand, Article 8(1) of the Rules on Public Defense shall be immediately appointed by the defendant when the defendant requests the appointment of a public defender under Article 33(2) of the Criminal Procedure Act, and the court of final appeal shall appoint a public defender at the court below's request or ex officio.