The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was a criminal intent to murder the victim in the name of the victim in a knife and knife.

Although the court below did not recognize it, it is unfair that the court below did not recognize it.

B. The lower court’s sentence of unreasonable sentencing (three years of suspended execution for two years of imprisonment, two years of probation) is too minor.

2. Determination

A. As to the Defendant’s primary facts charged in the instant case that he was guilty of murder, the lower court adopted a verdict of innocence based on the jury’s unanimous opinion through a participatory trial, and acquitted the Defendant of the said facts charged on the grounds of the legal doctrine and reasons stated in its reasoning.

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 formed through strict selection procedures is effective as a recommendation to assist the judge of the fact-finding court who has full power over the preparation of evidences and fact-finding under the substantial direct and direct and court-oriented principle. If the jury participated in the whole process of fact-finding such as witness examination and the verdict of innocence issued by unanimous opinion on the admission of evidence, such as the credibility of the witness's statement, is adopted as it is in accord with the jury's conviction, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedure need to be respected unless sufficient and clearly opposed to it through new evidence examination in light of the purport and spirit of the direct and court-oriented trial principle, unless there are considerable circumstances that can clearly oppose it.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010). The record reveals the following.