The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (deficiencies) that the victim D and witness E have credibility in the statement and that there is no reason to dismiss the defendant, the defendant's attempted rape crime is fully found guilty.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the legal doctrine or by adversely affecting the conclusion of the judgment.

2. Determination:

A. On January 4, 2012, at around 22:30, the Defendant: (a) 101 of the Nam-gu Incheon Metropolitan City C Apartment 101; (b) the victim D (n, 59 years of age) and the financial transaction issues; (c) the Defendant thought that he would rape the female; and (d) flabing the victim’s breath, breath, and flading the victim’s breath on the floor; and (d) flading the victim’s breath and flading the victim’s clothes; and (d) tried to flad the victim’s blath with his her clothes off and flading the victim’s upper flad, and flading the victim’s flad with his flading flad with the victim’s flad with the victim’s flab

B. (1) The instant case was conducted by the first instance court as a participatory trial, and the jury issued a verdict of innocence by unanimous opinion, and the full bench rendered a verdict of innocence by the same purport.

In criminal trial proceedings conducted in the form of a participatory trial, which is introduced to enhance the democratic legitimacy and trust of criminal law, the collective opinion presented to the full bench about the recognition of facts by a juror composed of citizens, through strict selection procedures, has a recommended effect to assist a 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 court-oriented principle, and the jury has participated together in the whole process of fact-finding, such as examination of witness.