The portion rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall be no longer arbitable as the final judgment became final and conclusive at the same time with the rendering of the judgment, and the court that has been remanded shall not render a decision contrary thereto. Thus, the defendant shall not make a claim in this part as the grounds

The same applies to the case where a new argument was added to the part of the final judgment, or where the court below, after remand, partially examined the facts constituting the crime.

(2) In light of the aforementioned legal principles, the lower court’s judgment on the Defendant’s guilty on the ground of the principle of evidence judgment and presumption of innocence, etc. (see, e.g., Supreme Court Decisions 2006Do2017, Jun. 9, 2006; 201Do8478, Oct. 13, 201). Examining the record of the instant case in light of the aforementioned legal principles, the grounds of appeal that asserted mistake of facts, etc. in the judgment of remanding the facts charged in the instant case had already been rejected and the final judgment of conviction had been affirmed (a return judgment was reversed on the ground of violating the principle of prohibition of disadvantageous change). However, even if the lower court added new arguments after remanding the said fraudulent part and examined additional evidence after remanding the said part, this is nothing more than a meaningful one, and thus, the allegation in the grounds of appeal in this case that the lower court’s judgment on the Defendant’s conviction after remanding the

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