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(영문) 울산지방법원 2019.02.15 2018고정10
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A(the age of 40) is a business owner of "Boman", and the victim C(the age of 33) is a relationship between the victim and his own knowledge in a singing voice.

On August 3, 2017, at around 03:45, the Defendant committed assault in a way that she takes drinking together with the victim and she takes the clothes of the victim in his/her hand without any reason, with his/her own hand when he/she takes the body of his/her head in Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. The statement made by C in the police interrogation protocol of the accused;

1. In light of the fact that the police statement of C with respect to the police statement [the summons sent to C by this court is not served due to the absence of the text of Article 314 of the Criminal Procedure Act or the fact that C was requested to detect the address of C (including the corrected address), and that C was not residing at the address, and that this court notified the witness examination date, but did not appear at the address, and did not receive telephone, it constitutes “where C is unable to make a statement on the court date due to the unknown whereabouts or any other similar reasons” under the main sentence of Article 314 of the Criminal Procedure Act. In addition, in addition, in light of the fact that C has made a concrete statement about the Defendant’s crime and there seems to be no reason unfavorable to the Defendant, the Defendant can check the contents of the Defendant’s statement in detail and was given an opportunity to speak in front of C, there is no room for false entry into the above protocol or each other protocol, and there is no specific and reasonable evidence of credibility or external nature of the statement.”

1. According to the aforementioned evidence, the report on internal investigation (teleline) and the investigation report (teleline investigation) are examined.

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