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

1. Summary of grounds for appeal;

A. Although the Defendant was served with a duplicate of the indictment which was translated into Posion language at the lower court, the Defendant was not served with a guide on the participatory trial which was translated into Posion language.

The Defendant stated these circumstances on the first day of the trial of the lower court, and sought an explanation on the participatory trial from a public defender through an interpreter in a situation where it was temporarily closed, and immediately expressed his intention that he does not want a participatory trial in the proceeding of the first day of the trial.

Since the defendant's desire to not participate in the participatory trial, which is indicated as such, was made without being given sufficient guidance and deliberation time, it is illegal.

In addition, the defendant wishes to receive a participatory trial on this case.

Therefore, the trial procedure of the court below, which was conducted in ordinary procedure, has seriously infringed on the defendant's right to a participatory trial, and is illegal.

B. Since misunderstanding of facts or misunderstanding of legal principles did not know that he was hiding at the time when he was delivered a bags for travel from a person who was unaware of his name from the person who was not aware of the fact that he was hidden, there was no intention on the cocar import.

C. The sentence imposed by the lower court (five years of imprisonment, confiscation) is too unreasonable.

2. Determination of procedural illegality due to infringement of the right to a participatory trial

A. A participatory trial implemented in accordance with the relevant legal principles and the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust of the judiciary (Article 1 of the Act). Since anyone has the right to a participatory trial as prescribed by law (Article 3(1) of the Act), a case eligible for a participatory trial is a participatory trial.