The prosecutor's appeal is dismissed.

1. Determination on the grounds for appeal

A. The court below proceeded with a participatory trial, and the jury delivered a verdict of innocence as to robbery among the facts charged in the instant case against the defendant by unanimous discretion.

The original trial court accepted the results of the jury's verdict and pronounced not guilty on this part of the facts charged.

The lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence consistent with this part of the facts charged is insufficient to recognize this part of the charges on the ground that the victim Z and AA’s statements were made by the victim Z and his/her father, but the victim Z and AA did not properly observe the criminal identification procedure in the course of investigation, and that the remaining evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged.

B. In the criminal trial procedure conducted in the form of a participatory trial introduced to enhance the democratic legitimacy and trust of the judiciary, in case where the jury participated in the whole process of fact-finding, such as witness interrogation, and the verdict of innocence issued by unanimous opinion as to the credibility of witness's statement, and fact-finding are adopted in conformity with the jury's conviction of the full bench, the first instance court's judgment as to the admission of evidence and fact-finding conducted through such procedure is more respected than that of the ordinary criminal trial procedure, unless there are sufficient and sufficiently opposite to it through a new evidence examination conducted in the appellate court in light of the purport and spirit of the principle of direct and direct trial and the principle of court-oriented trial-oriented trial-oriented trial-oriented.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010). C.

In this case, the court below did not examine new evidence, and even if the reasons for innocence as stated by the court below are compared with records, the judgment of the court below is just.