The appeal is dismissed.

The grounds of appeal are examined.

The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall become final and conclusive at the same time with the declaration of the judgment, and the defendant shall no longer dispute as to this part, and the remanded court shall not make a decision contrary to this, and the defendant shall no longer make a claim in this part as

(see Supreme Court Decision 2005Do1247, Oct. 28, 2005). Examining the record in accordance with such legal doctrine, the part of the lower judgment convicting of the Defendant (excluding the violation of the Building Act) was rejected in the judgment of remanding the entire grounds of appeal, and the confirmation of conviction was generated.

Therefore, the ground of appeal disputing the judgment of conviction of the court below after remanding this part on the ground of an erroneous determination of facts or a misunderstanding of legal principles is with regard to the part in which the final judgment had already been final and conclusive, and it did not constitute a legitimate ground of appeal, and otherwise did not err

The argument that the judgment of the court below contains an error of law in the incomplete deliberation on basic facts for sentencing and misunderstanding of facts constitutes the allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the punishment is unreasonable

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