The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding victim's statement) is highly reliable, such as that it is supported by witness's statements and CCTV images. However, the court below erred by misapprehending the facts that the court below acquitted the victims on the ground that the evidence submitted by the prosecutor, including the victims' statements, is insufficient to recognize the facts charged of this case.

2. Determination

A. In criminal 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 a juror 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 right to adopt evidence and to recognize facts under the principle of substantial direct and direct trial and court-oriented trials. If the jury participated in the whole process of fact-finding, such as examination of witness, and the verdict of innocence issued by unanimous opinion as to the admission of evidence, such as the credibility of a witness's statement, and fact-finding, are adopted as it is in conformity with the trial of the full bench, in light of the purport and spirit of the principle of substantial direct and court-oriented trials, it is necessary to respect the first instance court's determination on the admission of evidence and fact-finding conducted through such procedures unless sufficient and clearly opposite circumstances exist to it through new evidence examination in the appellate court, unless it appears clearly and clearly opposite to it.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010, etc.). In light of the aforementioned legal principles, the records are closely examined, and the results of the verdict of innocence, which the jury directly followed the whole process of the trial of facts by examining the victims and the defendant in the participatory trial, and the credibility of the statement of the victims supporting the facts charged.