The judgment below

The part against Defendant A is reversed, and that part of the case is remanded to the Seoul Southern District Court.

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal

A. Article 12(4) proviso of the Constitution of the Republic of Korea provides, “When a criminal defendant is unable to file a defense counsel by himself/herself, the State shall have a defense counsel under the conditions as prescribed by Act,” and 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 upon the defendant’s request.”

In addition, Article 33(2) of the Criminal Procedure Act may not be amended without a defense counsel for a case selected as the national defense counsel (main sentence of Article 282 of the Criminal Procedure Act), and such provision shall apply mutatis mutandis to an appeal trial (Article 370 of the Criminal Procedure Act). In addition, Article 17(3) of the Regulation on Criminal Procedure provides that where a defendant requests the appointment of a national defense counsel under Article 33(2) of the Criminal Procedure Act, the court shall appoint a national defense counsel without delay. Article 17-2 of the Regulation on Criminal Procedure provides that where a defendant requests the appointment of a national defense counsel pursuant to Article 33(2) of the Criminal Procedure Act, the defendant shall submit a supporting document, but the defendant shall not be deemed to have a reason for the appointment. Article 156-2(4) of the Regulation on Criminal Procedure provides that where an appellate court dismisses a defendant's request for the appointment of a national defense counsel, the period for submission of a certified copy of the Criminal Procedure Act shall not be included in the period for submission of the Criminal Procedure Act.

On the other hand, Article 8(1) of the Rules on the National Defense Agency Act provides that an appellate court and a court of final appeal shall immediately appoint a national defense counsel from a defendant when the defendant requests the appointment of a national defense counsel pursuant to Article 33(2) of the Criminal Procedure Act, and the national defense counsel from the original court or ex officio.