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The prosecutor's appeal is dismissed.
Reasons
1. Although the summary of the grounds for appeal did not admit the victim, the lower court acquitted the Defendant by misunderstanding the fact.
2. Determination
A. The lower court affirmed the trial as a participatory trial and rendered a verdict of innocence on the charges of this case against the Defendant by unanimous negligence. The lower court accepted the jury's verdict and found the Defendant not guilty on the ground that it is difficult to view that the Defendant was raped by the victim to the extent that there is no reasonable doubt as to the fact that it is difficult to prove that the Defendant was raped by the victim.
B. In the criminal trial procedure conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the trial court's decision, where the jury participated in the whole process of fact-finding, such as witness interrogation, and the verdict of innocence issued by unanimous opinion on the admission of evidence, such as the credibility of witness's statement, and fact-finding, is adopted in conformity with the jury's conviction by unanimous opinion, the first instance court's decision on the admission of evidence and fact-finding conducted through such procedures ought to be respected more than the judgment through a new examination of evidence in the appellate court, unless there are sufficient and sufficiently opposite circumstances to him/her through a new examination of evidence in light of the purport and spirit of the principle of direct trial and the principle of court-oriented trial-oriented trial-oriented.
(Supreme Court Decision 2009Do14065 Decided March 25, 2010) In this case, the trial court did not conduct a new evidence investigation, and even if the grounds for innocence as stated by the court below are compared with records, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.
Therefore, the prosecutor's argument of mistake is without merit.
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