The appeal is dismissed.

The grounds of appeal are examined.

Whether the facts charged or criminal facts are identical or not shall be based on the defendant's act and social factual relations in mind with the legal functions of identity of the facts, and its normative elements shall also be included in the consideration of the facts.

(1) The facts charged in the instant case constitute a case in which a public prosecution is instituted again, and the court of first instance that dismissed the public prosecution as to the facts charged in the instant case is justifiable, and the court below rejected the allegation in the grounds of appeal in the misapprehension of legal principles, on the grounds stated in its reasoning, based on the following: (a) the facts charged in the instant case and the facts charged in the instant case are incompatible with the facts charged; and (b) the form of the act and legal interests of the case are different; and (c) the facts charged in the instant case are deemed to fall under a case in which a new public prosecution is instituted, even if the form of the act is different from those of the facts charged in the instant case and the facts charged in the instant case are different; and (d) the court below rejected the allegation in the grounds of appeal in the misapprehension of legal principles.

The judgment below

In light of the records, the judgment of the court below is based on the above legal principles, and there is no error of law by misapprehending the legal principles as to the identity of the facts charged.

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