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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the fine of KRW 500,000) of the lower court is too unreasonable.
2. If the defendant for ex officio judgment is doubtful of mental disorder and has no defense counsel, the court shall appoint a defense counsel ex officio.
Article 33(1)5 of the Criminal Procedure Act (see, e.g., Article 33(1)5 of the Criminal Procedure Act).
(See the main text of Article 282 of the Criminal Procedure Act). In a case falling under a case requiring attorney-at-law case as stipulated in Article 282 of the Criminal Procedure Act, if the first instance trial was conducted without a defense counsel and the examination of evidence and the examination of the defendant was conducted without a defense counsel, both the examination of evidence and all the procedural acts such as the examination of the defendant are invalid. In such a case, the appellate court shall reverse the judgment of the first instance which is unlawful after newly conducting procedural acts while there is a defense counsel
(Supreme Court Decision 201Do6325 Decided September 8, 2011). According to the records, the court below submitted a defendant's application for formal trial and a medical certificate at the court below. The court below's application for formal trial was stated as follows: "I do not have knowledge ability since her inception or alcohol dementia to the present day, and do not have normal judgment and normal accident with daily drinking. I think I think I think I think I think it as an internal card." The diagnosis is stated as "the fact that I think that I think it is a card with drinking alcohol at the time of the present case." The court below did not appoint and appoint a defense counsel to the defendant, and the pleadings have been concluded on October 18, 2018 without a defense counsel, and the defendant can be recognized as having been sentenced to a fine of KRW 50,000 on October 25, 2018.
In addition to the above facts of recognition, this defendant is the defendant at the trial.