Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On November 15, 2016, the Defendant: (a) committed assault against the victim while engaging in a dispute due to the relationship between the victim E (n, 27 years of age) and the obligation of the Defendant (n, 27 years of age) on November 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The offender's domicile (additional suspect);

1. Application of the statutes that contain some statements in the police interrogation protocol to the accused;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty as to the injury under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. On November 15, 2016, the Defendant, at around 06:00, inflicted injury on the victim E (the age of 27) and the part of the facts charged on the part of the Defendant: (a) caused a dispute arising from the relationship between the victim E (the age of 27) and the obligation of claims; and (b) caused the victim’s bucks to undergo approximately two-day medical treatment; and (c) caused the victim’s bucks to the instant accident.

2. The issue is whether the victim’s statement is admissible in the case where the victim was summoned as a witness and the victim did not respond to summons on the ground of disease, and the victim’s direct evidence that corresponds to the facts charged is the victim’s statement in the police.

Article 314 of the Criminal Procedure Act recognizes admissibility of evidence only when it is proved that a statement or preparation has been made in an investigative agency under particularly reliable circumstances, in cases where a person requiring a statement is unable to make a statement due to death, disease, residence in a foreign country, unknown whereabouts, or any other similar cause. "When the statement is made under particularly reliable circumstances" as referred to in Article 314(1) of the Criminal Procedure Act means that the statement was made, there is little room for false intervention in the fact that the statement was made, and the credibility or arbitability of the contents of the statement is specific and concrete.