The prosecutor's appeal is dismissed.

1. Determination on the prosecutor's assertion of mistake of facts

A. In light of the circumstances leading up to the Defendant’s alleged crime, the part of the offence, robbery, etc., the lower court found the Defendant not guilty of the relevant facts charged on the ground that the lower court erred by misapprehending the facts.

B. In a criminal trial conducted in the form of citizen participation trial introduced to enhance democratic legitimacy and trust, including examination of witness, where there is no new objective reason that could affect the formation of evidence, and the judgment of the first instance court was clearly erroneous, or where there is no reasonable ground that the argument leading to the finding of facts is remarkably unfair because it is contrary to logical and empirical rules, etc., the judgment on the finding of facts in the first instance shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). In a criminal trial conducted in the form of citizen participation trial conducted to enhance democratic legitimacy and trust, including examination of witness, the jury’s participation in the entire process of examination of facts, and the examination of facts, including the credibility of testimony made by the witness, and the examination of facts, were adopted in conformity with the appellate trial examination of the court, the court below’s determination on the finding of facts and the examination of facts lawfully conducted through such procedures is more and more reasonable than 200 times of the appellate trial-oriented trial, and it is more and more reasonable.