The appeal is dismissed.

The grounds of appeal are examined.

Article 8 of the Court Organization Act provides, “The decision at a trial of a superior court shall bind the lower court with respect to the relevant case,” and Article 436(2) of the Civil Procedure Act provides, “The decision at a trial of a superior court shall bind the lower court with respect to the relevant case.”

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 evidence relationship which forms the basis of continuous judgment by presenting new evidence during the deliberation process after remanding the case to the court of final appeal (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, it is just in accordance with the purport of the judgment of remanding the case, and it is not erroneous in the judgment of the court below to have convicted the Defendant of the facts of assault, which is the ancillary facts charged against the Defendant on the grounds as stated in its reasoning, contrary to what is alleged in the grounds of final appeal

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