(영문) 대법원 2020.10.15. 선고 2020도9144 판결

The part rejected by the court of final appeal on the ground that the assertion in the grounds of final appeal is groundless shall no longer be contested due to the occurrence of the final binding force at the same time as the judgment is rendered, and the court remanded may not render a judgment contrary thereto. As such, the defendant cannot make a claim as to this part as the grounds for final appeal. The same applies to the case where a new argument is added as to the part where the final binding force has occurred (see Supreme Court Decision 2006Do2017, Jun. 9, 200

In light of the above legal principles, the ground of appeal disputing the conviction by asserting mistake of facts or misapprehension of legal principles in the remanded judgment concerning abuse of authority and obstruction of exercise of rights among the facts charged of this case is rejected, and the judgment of conviction was affirmed, and thus, the allegation disputing the judgment of conviction by the court below after remanding on the ground of misapprehension of legal principles, etc. is related to the part which

Meanwhile, it is difficult to view that the lower court, after remanding the case, was unlawful or infringed upon the Defendant’s right to defense, even if the lower court did not combine the instant case with other cases.

The argument that the Defendant’s pronouncement of the instant case together with other cases is not a legitimate ground of appeal.

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