Nevertheless, the court below acquitted the charged facts of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

Judgment

In criminal proceedings conducted in the form of a citizen participation trial to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench about the recognition of facts is effective as a recommendation to help the judge of the court of the fact that the jury has a full power over the preparation of evidence and fact-finding under the substantial direct psychological principle and court-oriented principle. If the jury participated in the whole process of the examination of facts, such as examination of witness, and the verdict of innocence issued by unanimous opinion as to the admission of evidence, such as the credibility of witness's statement, is adopted as it is in conformity with the trial of the full bench, in light of the purport and spirit of the aforementioned direct psychological principle and the court-oriented trial principle, the first instance court's determination on the admission of evidence and fact-finding, which were conducted through such procedure, need to be respected unless there are sufficient and clearly opposite circumstances to the jury's new examination of evidence in the appellate court (see, e.g., Supreme Court's decision 2005Do1465, Mar. 16, 201).