The appeal is dismissed.

The grounds of appeal are examined.

The portion rejected by the court of final appeal on the ground that the assertion in the grounds of final appeal is groundless shall be no longer asserted as to this portion because the final judgment became final and conclusive at the same time as the judgment is rendered, and the remanded court shall not render a judgment contrary thereto. Thus, the defendant cannot make a claim as to this portion as the grounds

The same applies to the case where the lower court, after remanding, partially examined the facts constituting the crime.

(1) In light of the aforementioned legal principles, the lower court’s determination of conviction on each of the facts charged of the instant case was dismissed, and the conviction was affirmed, and thus, the allegation in the grounds of appeal disputing the lower court’s conviction on the ground of erroneous determination of facts, etc., cannot be deemed a legitimate ground of appeal, on the ground that the part in which the final determination of conviction was already final and conclusive, and thus, cannot be deemed a legitimate ground of appeal.

In addition, pursuant to 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 more 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 defendant's punishment is too unreasonable

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