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(영문) 울산지방법원 2015.03.19 2015고단358
존속폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

공소사실 피고인과 피해자 C(63세, 여)는 친모자(親母子) 관계이다.

Since about 10 years ago, the defendant had been absent from a game without a special occupation and had been supported by the victim without a special occupation, and had been engaged in a work to do so, but all entertainment expenses, etc. were made, and as the overdue installments and the drinking value of the motor vehicle owned by the defendant are required, the defendant demanded the victim to receive the loan.

1. Lineal violence:

가. 피고인은 2014. 11. 4. 21:00경 울산 북구 D 307동 101호 주거지에서 피해자에게 “쌍년아 내 술값 300만 원과 차 할부금 내야 되니 아파트를 담보로 잡아 1,600만 원만 대출 받아라”라고 말하였으나 피해자가 대출을 받을 수 없다며 거절한다는 이유로 “에이 쌍년아, 퉤”라며 피해자의 얼굴에 침을 2번 뱉었다.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

B. On January 4, 2015, the Defendant heard that 2.2 million won of the installment of the vehicle owned by the Defendant was unpaid from the victim, and requested the victim to pay the loan to the victim. However, the Defendant left the local telephone floor on the ground that the victim refused to pay the loan, and added the victim’s booming water that was spited on the victim’s face, and put the victim’s face into the victim’s face.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

C. Around 18:00 on February 2, 2015, the Defendant paid rent of KRW 80,000 to the victim on the ground that the victim brought about KRW 80,000 of the Defendant in the above residence, the Defendant: (a) stated that the victim “a pair of years,” and (b) caused the victim to have his cigarette butts cut back.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

On February 4, 2015, the Defendant: (a) around 20:00, for the same reasons as “1-C” and “the victim in two-years worth.”

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