The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the statement made by the investigative agency or the court below by the victim and his male-child I in the summary of the grounds for appeal, and the confession statement made by the defendant at the prosecutor, the victim was in a mental and physical loss or in an impossible condition at the time of the instant case, and the defendant was aware of the above condition of the victim and could sufficiently recognize the fact that the victim had been raped by using it, but the court below acquitted the victim of the facts charged in the instant case. The judgment

2. In the criminal trial proceedings conducted in the form of a citizen's participatory trial to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the Tribunal about the recognition of facts is effective as a recommendation to help the judge of the court of the fact that the jury has the right to adopt evidence and to recognize facts under the principle of substantial direct deliberation and the principle of court-oriented trial. If the verdict of innocence, which was issued by unanimous opinion as to the admission of evidence, such as the credibility of the witness's statement, is adopted in accordance with the trial of the Tribunal, after the jury participated in the whole process of the examination of facts, and the verdict of innocence was adopted as it is, in light of the purport and spirit of the principle of substantial direct deliberation and the principle of court-oriented trial, it is necessary to respect the jury's new examination of evidence in the appellate trial unless sufficient and clearly opposite to the verdict through the jury's new examination of evidence, and there is a substantial need to respect the jury's verdict (see, e.g., Supreme Court Decision 2005Do475, Apr. 29, 2015).