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(영문) 서울중앙지방법원 2019.03.04 2018고정397
폭행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Victims B(38 years of age) and Victims C(45 years of age) are between persons engaged in daily occupation, and the defendant is the first shot Park in North Korea.

On November 14, 2017, at around 21:20 on November 14, 2017, the Defendant assaulted the victim’s face once a week by taking advantage of the victim’s awareness that the victim C was aware of money in the “Enodesa” located under the underground floor of the Jongno-gu Seoul Metropolitan Government D D building, and assaulted the victim B at the same time and at the above location, and the victim B prevented the Defendant, thereby taking the Defendant’s bath and drinking the victim B’s face four times.

Summary of Evidence

1. Each legal statement of witness B and F;

1. A document stating the statement made by a person, other than the defendant, of the victim's non-indicted photographs, in order to recognize admissibility of evidence under Article 314 of the Criminal Procedure Act even though the statement made by the person who made the statement in the courtroom was not proven by the statement made in the court, the document falls under the case where the person who made the statement is unable to make the statement in the official ruling due to death, disease, foreign residence, unknown whereabouts, and other causes corresponding thereto, and it is proved that the document was made

According to the records, C was adopted as a witness on June 4, 2018 and served a notice of the date of examination of a witness on June 27, 2018 with the address as stated in the witness application form submitted on June 27, 2018, but was not served, and the corrected address was also the same as that of the existing domicile, and was treated as the unknown domicile on August 31, 2017, and the court made a request for the detection of the location to C on October 22, 2018, but the response that C was not resident at the above address on December 3, 2018 was reached, but the court and the prosecution did not appear even after telephone communications with C, and at the time of the last summons procedure, it can be recognized that C’s “location” is unknown.

Next, with respect to “specific conditions”.

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