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(영문) 수원지방법원 2018.11.30 2017고정2612
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 30, 2017, at around 03:15, the Defendant used a victim E (37 years old) lineed on the table of this table to inflict bodily injury on Defendant E, which was posted by the cafeteria at the “D” restaurant located in Osan-si C, Osan-si, and used the victim’s batf, and used the victim’s bat with his hand when the victim’s head was satched and satched.

Summary of Evidence

1. Statement of witness G in the third public trial protocol [the credibility is recognized in light of the main part of the statement and comparison with an investigative agency, the attitude of legal statement, etc.] of witness G in the third public trial protocol;

1. The fact that, according to the record, the police suspect interrogation protocol for E (the record: (a) attempted to serve a summons of the witness to E, but is not served due to the absence of closure, and the addressee's unknown whereabouts; (b) this court called E to the effect that E does not have an address to receive the summons and would have an address to receive it; (c) but did not appear on the date of witness interrogation; (d) the fact that E did not appear after the call was not made; and (e) the result of the commission of the detection of the location to E, the fact that the head of the H police box sent several visits to E's residence, but did not reach his family, etc., although the mail was sent; and (e) E was a multiple whose residence was registered on February 22, 2018, and that there was no telephone number opened in his/her name as a result of the inquiry into communications data, and there was no communications data.

Thus, since the location of E was not known even if it was possible and sufficiently efforts were made to attend the court, and the telephone summons cannot be made, this constitutes “when a person who is required to make a statement on the trial date is unable to make a statement due to the unknown whereabouts or any other similar cause” under Article 314 of the Criminal Procedure Act.

In addition, the preparation of a suspect interrogation protocol for E in the police preparation shall be made by E present at the police and state the fact that E has experienced.

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