When a criminal trial becomes final and conclusive substantially, it shall not be repeatedly punished for the same offense, and where a public prosecution is instituted for the same offense as the final and conclusive judgment, the acquittal shall be pronounced by judgment.

Therefore, the identity of the facts charged or the facts charged should be determined by taking into account the normative elements, based on the Defendant’s act and the social factual relations, in mind with the legal function of the identity of the facts (see, e.g., Supreme Court Decisions 93Do2080, Mar. 22, 1994; 97Do3297, Jun. 26, 1998). According to the reasoning of the lower judgment and the duly admitted evidence, the facts charged as to evasion of compulsory execution of this case and the facts charged as to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name among the cases involving the Jeonju District Court Branch 2016 High Order 1365, the res judicata effect of the said final judgment should also be deemed to have been affected by the evasion of compulsory execution of this case.

Although the reasoning of the court below is somewhat insufficient, it is just in its conclusion to maintain the judgment of the court of first instance that acquitted the facts charged of this case on the grounds that the final judgment became final and conclusive, and there is no error of law by misapprehending the legal principles as to the scope of res judicata as alleged in the grounds

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.