The prosecutor's appeal is dismissed.

1. Even though the prosecutor's evidence submitted by the summary of the grounds for appeal can sufficiently recognize the facts charged, the court below found the defendant not guilty. In so doing, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The collective opinion presented to the trial division on the recognition of facts by a juror composed of citizens cultivated by the citizen through strict selection procedures in the criminal trial proceedings conducted in order to enhance the democratic legitimacy and trust of the court. Since 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, is adopted as it is, in conformity with the trial of the trial division, in light of the aforementioned principle of direct deliberation and court-oriented principle, and the purport and spirit of the trial-oriented principle, it is necessary to respect the credibility of the witness's testimony and fact-finding if the verdict of innocence was adopted as is, unless it appears that the new evidence examination of the appellate court is sufficient and clearly opposite to it through new examination of evidence (see, e.g., Supreme Court Decision 2005Do1650, Mar. 16, 205).