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(영문) 수원지방법원 안산지원 2016.04.15 2015고정1051
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On June 5, 2015, the Defendant committed assault against the victim C by bating bather with father, bating fat, bating bat, and bating over the bottom of the floor, while he/she had been talking with the victim C as a loan interest issue in the half-month park located in Ansan-ro No. 104, Ansan-ro, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The defendant and his defense counsel asserted that the act of the defendant's judgment is not illegality because C first occurred in the process of removing it from the wind of the defendant, which is a passive resistance.

According to each of the above evidence adopted by the defendant with the consent of the defendant, the defendant lent KRW 10,00 to the victim C around April 2015, and demanded the victim to pay only 10,000 to the victim before the day of the crime, but there is evidence that the victim has paid her money.

In the words, the escape from the place of the crime is the fact that the victim was gird with the victim, and the defendant again demanded the victim to repay the money, which is the crime in the judgment, and the victim was why he was unable to pay the money, and the defendant was galbbling with the defendant, and the fact that the defendant was galbbling with the victim, such as attaching the victim and smugglinging the victim.

The following circumstances revealed in the facts of recognition as above, namely, ① the Defendant continued to boom the victim beyond the act of removing her flaps, and thereby, the Defendant and the victim continued to go beyond the floor. ② The Defendant is male, and the victim was female, and the Defendant merely removed the victim’s hand, the Defendant did not need to be punished to the extent that the part of the victim’s hand over the floor. ③ The instant crime was committed in return by the Defendant to the victim.

(cc).

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