폭력행위등처벌에관한법률위반(상습공갈)등
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of perjury and habitual attack among the facts charged in the instant case on the grounds stated in its reasoning.
There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the relevant legal principles.
Unless the grounds for reversal at the court of final appeal relate to the illegality in the procedure of submission of the statement of reasons for appeal, the court below reversed the judgment below prior to remand, and subsequent to the remanding of the case, it does not require any new notification of receipt of the records and there is no need to newly submit the statement of reasons for appeal (see Supreme Court Decision 2004Do3473, Sept. 3, 2004). Upon examining the records, it can be known that the defendant already submitted the statement of reasons for appeal at the court below prior to remand on October 29, 2014, within the deadline for submission of the statement of reasons for appeal. Thus, the court below's measures that the court below conducted the procedure by deeming that the grounds for appeal of the defendant
In addition, a written judgment shall bear the signature and seal of the judge (Article 41 of the Criminal Procedure Act), but the signature and seal of the judge is not necessary until the copy of the judgment served on the defendant (see Supreme Court Decision 2007Do3060, Jun. 28, 2007). Therefore, the grounds of appeal that there is an error of omission of the signature and seal of the judge of the original judgment on a different premise cannot be accepted.
In addition, the grounds for appeal that the court below seriously infringed the defendant's right of defense by rendering a judgment without complying with the defendant's request for perusal of trial records can also be accepted when examining the progress of the trial by the court below revealed in the records.