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The appeal is dismissed.
Reasons
We examine the grounds of appeal.
The part 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 asserted as the defendant becomes final and conclusive at the same time with the rendering of the judgment, and the court remanded shall not render a judgment contrary thereto. Thus, the defendant cannot make a claim in this part as a ground of final appeal, and it shall not be a legitimate ground of final appeal to delay a new argument that was not asserted in the previous part of the case where the final and conclusive power was incurred.
(2) In light of the above legal principles, the court below's judgment on February 9, 2006 and the court below's judgment on April 24, 2008, etc., it is clear that the violation of the Medical Service Act among the facts charged in this case is a part rejected on the ground that there was no ground of appeal in the previous judgment on remand of the court of final appeal. Thus, the court below's judgment on this part that there was an error of law application or of misunderstanding of legal principles cannot be a legitimate ground of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.