The judgment below is reversed and the case is remanded to the Seoul Central District Court Panel Division.

The grounds for appeal by the defendant and the prosecutor are examined ex officio prior to examining the grounds for appeal.

1. A national participatory trial under the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust in judicial process (Article 1 of the Act). Since a person has the right to a citizen participatory trial as prescribed by the Act (Article 3 of the Act), the case subject to a citizen participatory trial is, in principle, conducted according to the citizen participatory trial procedure.

However, if the defendant does not want a citizen participation trial or if the court decides to exclude due to any of the grounds provided for in the subparagraphs of Article 9(1) of the Act, it does not exceptionally proceed with a citizen participation trial (Article 5(1) and (2) of the Act). As such, the issue of whether to hold a citizen participation trial is determined by the defendant’s will. Thus, if a public action is instituted against a case subject to citizen participation trial, the court must confirm the defendant’s intent in writing, etc. (Article 8(1) of the Act). For this purpose, if the defendant or his/her defense counsel seeks a citizen participation trial, along with a copy of the indictment, the submission of a document under Article 8(2) of the Act, restriction on the reversal of the citizen participation trial under Article 8(4) of the Act, and any other instruction on the citizen participation trial (Article 3(1) of the Rules on Citizen Participation in Criminal Trials). Notwithstanding these provisions, if the defendant tried to have a citizen participation trial without going through a trial by the Supreme Court, it should be deemed unlawful and void.