The prosecutor's appeal is dismissed.

1. Although the gist of the grounds for appeal of this case is found guilty, the court below found the defendant not guilty by violating the rules of evidence and misunderstanding the facts.

2. In the 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 Tribunal on the recognition 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 and 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 on 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 Tribunal. In light of the purport and spirit of the principle of substantial direct examination and court-oriented trials, the first instance court's judgment on the admission of evidence and fact-finding, which were conducted through such procedure, need to be respected to the extent that it is sufficiently and clearly opposite to it through new examination of evidence in the appellate court, unless there are considerable circumstances to understand it clearly and clearly.

(Supreme Court Decision 2009Do14065 Decided March 25, 2010). Examining the evidence duly adopted and examined by the lower court in light of the records, the lower court’s determination that it is difficult to recognize the facts charged of this case is justifiable, and there is no other error of misunderstanding of facts or misunderstanding of legal principles.