The prosecutor's appeal is dismissed.

1. Although the court below found the defendant guilty of an indecent act by assaulting the victim and taking account of the evidence submitted by the prosecutor, such as the victim's statement in the summary of the grounds for appeal, the court below found the defendant not guilty of the facts charged of this case, which affected the conclusion

2. The collective opinion presented to the full bench about the recognition of facts by a jury composed of citizens cultivated through strict selection procedures in the criminal trial procedure conducted in the form of a participatory trial to enhance the democratic legitimacy and trust of the judicial decision has the effect of recommending the judge of the fact-finding court who has the right to adopt evidence and to recognize facts under the principle of substantial direct examination and court-oriented trials. If the jury participated in the whole process of the examination of facts, 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 the 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 principle of direct examination and the principle of court-oriented trials, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedure, needs to be respected unless sufficient and clearly opposite to it through new examination of evidence in the appellate court appears to the extent that there are considerable and clearly opposite circumstances.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010). The judgment of the court below was conducted in the form of a participatory trial, and the jury participated together in the whole process of the fact-finding, such as witness examination, and subsequently acquitted the Defendant of the facts charged in this case as a result of the unanimous decision-making process. The court below also adopted the jury's verdict and found the Defendant not guilty of the facts charged in this case not guilty.