The prosecutor's appeal is dismissed.

1. The progress of the instant case and the judgment of the court

A. The court below acquitted the charged facts of this case on the ground that there is no proof of criminal facts.

Accordingly, the prosecutor appealed against the judgment of the court below on the ground of mistake of facts, and the judgment of the court prior to remand accepted the prosecutor's assertion of misunderstanding of facts, and sentenced the defendant to a punishment for ten months.

Therefore, the defendant appealed against the judgment of the party before remand on the ground of mistake of facts, and the Supreme Court reversed the judgment of the party before remanding the case and remanded the case to the court of the party.

B. Standard 1) Relevant legal principles: Article 8 of the Court Organization Act provides that “The judgment of a superior court shall bind the lower court with respect to the case in question,” and Article 436(2) of the Civil Procedure Act provides that the court of final appeal shall bind the lower court. Although the Criminal Procedure Act does not provide any corresponding provision, the court of final appeal, which is in principle a legal judgment, may intervene in the propriety of the lower court’s decision on fact-finding pursuant to Article 383 or 384 of the Criminal Procedure Act, may be limited to the lower court’s decision on fact-finding pursuant to Article 383 or 384 of the same Act, and thus, the court of final appeal, which has been remanded from the court of final appeal, also has a binding effect on the lower court’s decision. Therefore, in the trial of the case in question, the court of final appeal, which is remanded from the court of final appeal, is bound by the judgment of final appeal, unless there is any change in the prosecutor’s evidence relation, which is the basis of binding judgment (see, e.g., the judgment of final judgment).