The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below reversed the judgment of the court of first instance that found all of the facts charged of this case guilty on the grounds that there is no evidence of crime and found the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

On the other hand, an immediate appeal as provided in Article 437 of the Criminal Procedure Act may be raised against a decision on commencing a new trial, and the effect of the final decision on commencing a new trial shall no longer be contested.

(See Supreme Court Decision 2004Do2154 Decided September 24, 2004, etc.). Therefore, in this case where a decision of commencing a retrial becomes final and conclusive, the allegation in the grounds of appeal purporting to point out the violation of the statutes of the decision of commencing a retrial is unacceptable

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