The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the defendant) only found a cell phone of the victims and did not theft them.

2. Determination

A. Considering the difference between the method of assessing the credibility of a statement made by a witness of the first instance and the appellate court, the first instance court shall not reverse the first instance judgment without permission, on the grounds that the first instance judgment is different from the judgment of the appellate court, except in exceptional cases where there are special circumstances to deem that the first instance judgment on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or where it is remarkably unreasonable to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance in full view of the results of the first instance examination and the results of additional evidence examination conducted until the time of closing argument in the appellate court.

(See Supreme Court Decision 2010Do3846 Decided June 24, 2010 (see, e.g., Supreme Court Decision 2010Do3846, Jun. 24, 2010). Furthermore, the lower court held that the jury’s collective opinion presented to the full bench as to the recognition of facts with respect to the criminal procedure conducted in the form of a participatory trial to enhance the democratic legitimacy and trust of the judiciary was an advisory effect to assist the judge of the fact-finding court who has full power over the preparation of evidence and fact-finding under the principle of substantial direct and psychological review and the principle of court-oriented trials. Accordingly, a verdict issued by the jury as a coercive majority opinion on the preparation of evidence, such as the credibility of the statement made by the witness, and the recognition of facts, is adopted in accordance with the jury’s conviction.