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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person operating “D” in Southern-gu C at port, Nam-gu, and E is an employee of the above restaurant.
On January 13, 2017, the Defendant and E are having the same-sex relationship with the Defendant in the above D around 20:30 on January 13, 2017, and the victim F (M, 48 years old) in G.
In the course of a dispute with the victim on the ground that he/she said that he/she “,” the Defendant was at least once in his/her hands, and the Defendant was at the second government in need of two weeks of medical treatment because he/she was in the vicinity of the victim’s neck.
Accordingly, the defendant and E jointly inflicted injury on the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Entry of part of the witness G in the second public trial record;
1. In light of the circumstances such as the F’s statement protocol (F is not present even after being served with the summons of a witness by this Court three times, and thereafter, the summons of a witness cannot be served entirely six times thereafter, the F’s address was confirmed as a result of detection of the whereabouts of the two military units in the F’s address, and the fact that the F was notified of the date of examination of the witness by several telephone and text messages, but the F was not present at the trial date, it constitutes “where it is impossible to make statement on the trial date due to the unknown whereabouts or any other similar cause” in the main sentence of Article 314 of the Criminal Procedure Act.
In addition, in light of the fact that F was present at the investigative agency twice and specifically stated in the Defendant and E’s criminal facts, there is little room for false intervention in F’s content or preparation of the above protocol, and there was a specific and external circumstance that guarantees the credibility or arbitability of the statement.
As such, it is deemed that the “specific condition” under Article 314 of the Criminal Procedure Act is satisfied.
In addition, the credibility of this shall be recognized)
1. Complaint;
1. A written diagnosis of injury;
1. An investigation report (related to attachment of medical records).