The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not err by misapprehending the facts or by misapprehending the legal principles, although the Defendant committed rape against the juvenile victim, the lower court acquitted the Defendant.

2. The lower court affirmed the trial as a participatory trial, and the jury rendered a verdict of innocence on the facts charged in the instant case against the Defendant by unanimous rule.

The original trial court accepted the jury's verdict result and acquitted the facts charged.

The lower court acquitted the Defendant on the ground that the only evidence consistent with the facts charged in the instant case is the victim’s statement, but it is difficult to recognize the credibility of the victim’s statement, and even considering the circumstances acknowledged by the record, it is difficult to deem that the facts charged in the instant case was proven beyond a reasonable doubt.

In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, in cases where the jury participated in the whole process of fact-finding, such as witness interrogation, and the verdict of innocence issued by unanimous opinion on the admission of evidence and fact-finding, such as the credibility of a witness's statement, are adopted in conformity with the jury's conviction of the full bench, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedures need to be respected more than the judgment through a new evidence examination conducted in the appellate court, in light of the purport and spirit of the principle of direct direct trial and the principle of court-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented trial-oriented

(Supreme Court Decision 2009Do14065 Decided March 25, 2010) In this case, the trial court did not examine new evidence, and recorded the reasons for innocence as stated by the court below.