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[1] Where a case proceeds in ordinary procedure without confirming whether Defendant in the case eligible for a citizen participatory trial(""participatory trial"") wants it, lawfulness of such procedure (affirmative) and validity of its procedural acts(=invalid)
[2] Where the first instance court ignored that a case was eligible for a citizen participatory trial and proceeded in ordinary procedure without confirming Defendant's intention, elements for cure of such procedural defect at the appellate trial
[3] In case where the first instance court did not confirm Defendant's desire for a participatory trial; it proceeded in ordinary procedure in the case eligible for it; and as Defendant and counsel stated no objection to it at its first hearing, the court below closed the hearing on the same day and dismissed Defendant's appeal at the second hearing, the case holding that the court below erred in misapprehending legal principle in dismissal of Defendant's appeal under the premise that it lawfully cured the first instance court's procedural defect
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