All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendants’ grounds of appeal

A. (1) As to the ground of appeal No. 1, since whether a participatory trial is held or not is decided primarily 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 on Citizen Participation in Criminal Trials). For this purpose, Defendant or counsel must be served with a copy of the indictment, along with a copy of the indictment, with a notice on the participatory trial procedure, submission of documents under Article 8(2) of the Act, restriction on the change of intention under Article 8(4) of the same Act, and other precautions.

(Article 3(1) of the Rules on Citizen Participation in Criminal Trials. Notwithstanding these provisions, if the court proceeds a trial in ordinary trial without confirming whether a defendant wants a participatory trial, it is a serious infringement on the defendant's right to a participatory trial, and the procedure is unlawful and its procedural acts conducted in such unlawful procedure should also be deemed null and void.

(see, e.g., Supreme Court Decision 2012Do1225, Apr. 26, 2012). Meanwhile, a participatory trial cannot be conducted against Defendant’s will, except where there is a limitation on time and procedure under Article 8(4) of the above Act, with respect to the reversal of intention to conduct the trial. Thus, even if the first instance court’s judgment was conducted in ordinary trial without confirming Defendant’s intention on the case subject to a participatory trial, even if it was conducted without confirming Defendant’s intention, the Defendant did not want a participatory trial at the appellate court.