(영문) 대법원 2021.5.7. 선고 2021도1039 판결

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on public offering, etc.

2. As to the destruction of evidence

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 arbitable as to this part because the final judgment became final and conclusive at the same time with the declaration of the judgment, and the court remanded cannot render a judgment contrary thereto. Thus, the defendant cannot make a claim in this part as a ground of final appeal. This circumstance also applies where a new argument is added as to the part where the final and conclusive judgment was made (see Supreme Court Decision 2006Do2017, Jun. 9, 2006).

In light of the above legal principles, the grounds of appeal disputing the conviction of the court below after remanding on the grounds of violation of the rules of evidence, incomplete deliberation, misapprehension of legal principles, etc. are rejected in the judgment of remanding, and there is a final conviction of the conviction. Therefore, the ground of appeal disputing the judgment of conviction after remanding on the grounds of violation of the rules of evidence, incomplete deliberation, and misapprehension of legal principles

3. Conclusion

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