The prosecutor's appeal is dismissed.

In light of the motive and background leading up to stop by the defendant after overtaking the victim's vehicle while driving, the speed and distance between the defendant's vehicle and the victim's vehicle at the time, and the degree of possibility of avoiding this accident from the ordinary driver in light of the empirical rule, it is recognized that the defendant had the intention to cause special injury and special damage.

Nevertheless, the judgment of the court below which acquitted all the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.

The judgment of the court below on the grounds for appeal was conducted as a participatory trial, and the jury participated in the whole process of the fact-finding such as examination of the witness for the victim and tried to commit any special injury or damage to property by the defendant, the defense counsel and the prosecutor's defense room were examined and delivered a verdict of not guilty by unanimous discretion.

The lower court found the Defendant not guilty of each of the facts charged of this case on the ground that it is difficult to deem that the evidence submitted by the prosecutor alone proves that the Defendant had intention to commit any special injury and damage to property, without any reasonable doubt, by adopting the verdict of innocence by seven jurors.

In 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 full bench on the recognition of facts by a juror composed of citizens cultivated through strict selection procedures is an advisory effect to assist the judgment of the judge of the fact-finding court who has full power over the preparation of evidence and fact-finding under the substantial direct and psychological principle and the court-oriented principle. Since the jury participated together in the whole process of fact-finding such as examination of 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 consistent with the jury's conviction.