The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 8 of the Court Organization Act provides, “The determination at a trial of a superior court shall bind the lower court with respect to the relevant case.” In addition to the latter part of Article 436(2) of the Civil Procedure Act, the court of final appeal shall bind the lower court in its judgment.

Although there is no express provision corresponding thereto in the Criminal Procedure Act, the court of final appeal, which is the principle of law, may intervene in the legitimacy of the judgment of the court below concerning fact-finding in accordance with Article 383 or 384 of the Criminal Procedure Act, and the court of final appeal, which serves as the reason for reversal of the judgment of the judgment of the

Therefore, the court that received the case from the court of final appeal after remanding the case to the court of final appeal is bound so long as there is no change in the relation of evidence, which forms the basis of continuous judgment, as to the factual and legal judgment that was rendered by the court of final appeal as the reason for reversal, as long as new evidence is presented during the deliberation process after remanding the case (see, e.g., Supreme Court Decisions 95Do830, Dec. 10, 196; 2004Do340, Apr. 9, 2004). Examining the reasoning of the judgment below after remanding the case in light of the aforementioned legal principles and evidence duly admitted, the judgment of the court below convicting the Defendant of rape among the facts charged against the

The lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine, contrary to what is alleged in

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