Since a final appeal is a follow-up trial on the decision of the appellate court, matters not subject to a review in the appellate court are not different from the scope of the trial in the final appeal, and thus, it shall not be deemed as the grounds for final appeal for reasons other than those which the defendant did not claim as grounds for appeal in the appellate

(see, e.g., Supreme Court Decisions 2006Do2104, Jun. 30, 2006; 2008Do3808, Jul. 24, 2008). According to the records, the Defendant asserted only unfair sentencing as the grounds for appeal by the lower court.

Therefore, the Defendant cannot claim as the ground of appeal that the lower court’s new judgment erred by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, or by misapprehending the legal doctrine on false reporting in personal information and offense of false accusation under Article 2 subparag. 1 of the Personal Information Protection Act.

Furthermore, even if ex officio examination is conducted, there is no error in the judgment below as alleged in the grounds of appeal.

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