The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: (a) the Defendant and the victim, who is a child or juvenile, first met; and (b) even though the victim expressed his/her intention of refusal, the Defendant was limited to the body of the victim over two hours; and (c) the Defendant first committed an apology on the physical injury of the victim; and (d) thus, the Defendant could be deemed to have

The lower court erred by misapprehending the facts.

2. Determination

A. The lower court determined that the instant facts charged constituted a case where there is no proof of crime on the ground that it is difficult to view that the Defendant’s act constitutes indecent act in light of the rules of evidence and evidence, etc., following the witness examination and examination of E (tentative name) in the participatory trial, and the Defendant’s examination, etc., by respecting the jury’s seven unanimous verdict of innocence, and that it is difficult to view that the Defendant’s act constitutes

B. 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, the collective opinion presented to the full bench on the acknowledgement of facts by the jury composed of citizens cultivated through strict selection procedures is effective as a recommendation to help the judge of the fact-finding court who has the exclusive right to the preparation of evidence and fact-finding under the principle of substantial direct examination and court-oriented trials. If the jury participated in the whole process of fact-finding, such as examination of witness witness, and the verdict of innocence issued by unanimous opinion as to the admission of evidence, such as the credibility of witness's statement, and fact-finding, is adopted in conformity with the trial court's conviction, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedure is sufficient and clearly opposed to it through new examination of evidence in light of the purport and spirit of the principle of substantial direct examination and court-oriented trials.