The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On December 2, 2015, the Defendant operated a cargo vehicle to transport the cargo of the victim E (51) at the street in front of the D community hall at the time of stay at around 15:25, but the Defendant failed to load the cargo due to rain and returned to the match, and the Defendant used 150,000 won for the victim's flap while demanding the victim to flap the feb, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police suspect interrogation protocol regarding E [the defendant does not violate social norms by passive resistance.]

However, in light of the evidence adopted and examined by this court, at the time, the defendant first saw the victim's bath, and during this process, the defendant and the victim could have recognized the fact that she had breathing and breathing bat, so the crime of this case does not violate social rules as passive resistance acts.

[5] Application of the statute

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., when considering the circumstances leading to the instant crime, and when the Defendant has no record of being punished as a violent crime, etc.);