The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant on the charge of the instant facts charged, such as recognizing the credibility of the victim’s statement in the summary of the grounds for appeal.

2. In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the Tribunal about the recognition of facts by a juror composed of citizens cultivated through strict selection procedures has the effect of recommending a judge of the fact-finding who has the exclusive right to the preparation of evidences and to find facts under the principle of substantial direct examination and court-oriented trials. If a jury participated in the whole process of fact-finding, such as examination of witness witness, and the verdict of innocence issued by unanimous opinion as to the preparation of evidence, such as the credibility of a witness's statement, and fact-finding, is adopted in conformity with the jury's trial examination, the first instance court's judgment on the admission of evidence and fact-finding, which was conducted through such procedure, needs to be respected unless it appears sufficiently and clearly opposite to the jury's new examination of evidence, in light of the purport and spirit of the principle of substantial direct examination and court-oriented trials.

(1) In light of the records, the court below’s determination that it is difficult to accept the jury’s unanimous opinion through a participatory trial and to recognize the facts charged of the instant case is justifiable. The court below’s determination is justifiable, on the following grounds: (a) the health class and the evidence submitted by the prosecutor presented by the prosecutor were examined; and (b) the evidence duly adopted and examined by the court below was examined in light of the records.

Furthermore, a thorough examination of the records of this case also reveals the judgment below.