The appeal is dismissed.

The grounds of appeal are examined.

The portion rejected by the court of final appeal on the ground that the allegation in the grounds of final appeal is groundless shall be no longer arbitable as the final judgment became final and conclusive at the same time with the rendering of the judgment, and the court that has been remanded shall not render a judgment contrary thereto. Thus, the defendant cannot make a claim in this part as the grounds

Such circumstance is the same in cases where a new argument is added to the part in which conclusive power has occurred.

(2) In light of the aforementioned legal principles, the lower court’s judgment against the Defendant on June 9, 2006 and the lower court’s conviction based on erroneous determination of facts and misapprehension of legal principles is deemed to have become final and conclusive. In so doing, the lower court’s allegation in the grounds of appeal disputing the conviction on the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, among the facts charged in the instant case, cannot be deemed to have become legitimate grounds of appeal on the ground that the lower court’s conviction on the ground of erroneous determination of facts and misapprehension of legal principles had already become final and conclusive.

Meanwhile, Article 323 of the Criminal Procedure Act provides that when a sentence is to be pronounced, the facts constituting an offense, a summary of evidence and the application of statutes shall be clearly indicated in the reasons for the judgment (Paragraph 1), and where there is a statement of facts constituting an aggravated or mitigated punishment, or a statement of reasons for reduction or exemption of punishment is made, the judgment should be clearly stated.

(2) Although Article 323(2) of the Criminal Procedure Act provides that the denial of criminal facts does not constitute an assertion of fact that prevents the establishment of a crime (see, e.g., Supreme Court Decision 87Do2068, Dec. 8, 1987); and there is no need to specify a determination on the circumstances, which are the sentencing grounds; thus, the grounds for appeal purporting that there is an error of omission in judgment in the lower judgment on a different premise cannot be accepted.

b) the Commission;