The appeal is dismissed.

The grounds of appeal are examined.

1. A decision on commencing a retrial may be made by an immediate appeal as provided in Article 437 of the Criminal Procedure Act, and the effect of the decision on commencing a retrial which becomes final and conclusive without such an objection shall not be contested;

(see, e.g., Supreme Court Decision 2004Do2154, Sept. 24, 2004). According to the records, the decision on commencing a new trial of this case can be seen as having become final and conclusive without viewing it.

Therefore, in light of the above legal principles, the argument that the decision on commencing a new trial of this case is unlawful cannot be a legitimate ground for appeal, and it is just for the court below to make a new decision on the merits according to the final decision on commencing a new trial of this case, and there is no error of law by misunderstanding the legal principles on the commencement

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to affirm the judgment of the court of first instance that acquitted each of the facts charged of this case on the ground that there was no proof of the crime, and that the court below acquitted each of the facts charged of violation of the anti-public law due to assembly, receipt and reception of order, lock-up, and obscenity, violation of the anti-public law due to acceptance of money and valuables, violation of the National Security Act, and violation of the National Security Act due to a espionage, and that there was no proof of the crime. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the National Security Act, anti-public law, and espionage

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