폭력행위등처벌에관한법률위반(공동폭행)
The defendant shall be innocent.
On September 18, 2014, at around 05:10 on September 18, 2014, the Defendant: (a) while the Defendant was eating in a cafeteria located in the original city level, the Defendant was moving the victim D, who was a female-gu in the past of C, to the front side of the “F cafeteria” located in E in the original city where the victim was drinking, and (b) the Defendant was moving the victim’s left upper side of the facility to the front side of the “F cafeteria” in the latter city where the victim was drinking; (c) the Defendant was able to take the body of the victim; and (d) the Defendant and G, who followed the victim’s body; and (c) G was skeing the victim’s head.
Accordingly, the defendant assaulted the victim with G and C.
Judgment
1. The protocol of interrogation of the suspect suspect prepared by the police officer as to the victim of the victim's interrogation protocol prepared by the victim was not acknowledged by the victim's statement at this court. Thus, the admissibility is recognized only when the person who needs to make a statement in the court (victim) cannot make a statement due to death, illness, overseas residence, unknown whereabouts, or other reasons, and when it is proved that the statement was made in a particularly reliable state.
The court sent a writ of summons to the victim's address indicated in the record, but all of the summons was not served for the reason of the addressee's unknown whereabouts, etc., and the reply that the location of the summons is unknown even though the request for detection of location was made.
In addition, since the telephone number the victim stated at the time of investigating the victim was also the telephone number used by another person, and there is no other telephone number subscribed to the victim's name, the above suspect interrogation protocol of the victim constitutes cases where the person making the original statement is unable to make a statement due to the unknown whereabouts under Article 314 of the Criminal Act, and it is proved that the victim's statement was made under particularly reliable circumstances.