The judgment of the court below is reversed.

The case is remanded to the Incheon District Court's Busan District Court.

1. Summary of grounds for appeal;

A. In the absence of any indecent act against the victim as stated in the facts charged, the lower court convicted the victim of the facts charged by believing only the statement of the victim, etc. with no credibility.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 5,000,000) is too unreasonable.

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

A. The facts charged by the instant legal doctrine on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse are those subject to a participatory trial pursuant to Article 5(1)1 of the Act on Citizen Participation in Criminal Trials (hereinafter “Act”).

A participatory trial is a system introduced to enhance the democratic legitimacy and trust of justice (Article 1 of the Act). Since any person has the right to a participatory trial as provided by law (Article 3 of the Act), a case subject to a participatory trial shall proceed in accordance with the participatory trial procedure. However, a participatory trial shall not be held exceptionally only where a defendant does not want a participatory trial or where a court decides to exclude a participatory trial on any of the grounds under the subparagraphs of

(Article 5(1) and (2) of the Act. As such, since whether a participatory trial is held or not is decided by Defendant’s will, if a case subject to a participatory trial is indicted, the court must confirm Defendant’s desire to a participatory trial in writing, etc. (Article 8(1) of the Act). For this purpose, Defendant or counsel must be served with a copy of the indictment, along with the procedure for a participatory trial, submission of documents under Article 8(2) of the Act, restriction on the change of intention under Article 8(4) of the Act, and other guidelines.

[Rules on Citizen Participation in Criminal Trials]