The appeal is dismissed.

The grounds of appeal are examined.

The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall become final and conclusive at the same time as the judgment is rendered, and the defendant shall no longer contest against this part, and the remanded court shall not make a decision contrary thereto, and the defendant shall no longer make a claim as to this part

(see Supreme Court Decision 2005Do1247, Oct. 28, 2005). Examining the records in accordance with such legal principles, the court below rejected all the grounds of appeal in the judgment of remanding the case where the judgment of the court below found the Defendant guilty, and the final conviction of the Defendant was established.

Therefore, the ground of appeal disputing the judgment of conviction after remanding this part of the judgment below on the ground of erroneous determination of facts is related to the part where the final judgment had already been made, and it does not constitute a legitimate ground of appeal, and there is no error of law by misapprehending the legal principles as to the scope of judgment

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for

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