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(영문) 대전고등법원 2014.03.21 2014노29
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts or misunderstanding of legal principles, the injury suffered by the victim of the instant case may be naturally cured without being treated separately, and the injury constitutes a case where there is no hindrance to daily life, and thus, it is difficult to view that the injury constitutes an injury to the crime of rape and injury.

B. The Defendant was drunk at the time of each of the instant crimes, and was in a state of mental disability.

C. The lower court’s sentencing (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.

2. Determination

A. The defendant and his defense counsel asserted that mistake of facts or misapprehension of legal principles were the same as the grounds for appeal in the court below, and the court below rejected the above argument in detail under the title "determination of the defendant and his defense counsel's assertion" in the judgment. In light of the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts or in the misapprehension of legal principles.

Therefore, this part of the defendant's argument is without merit.

B. According to the records on the determination of mental and physical disability, even though the defendant was aware that he had a large drinking at the time of each of the crimes in this case, it does not seem that the defendant had suffered a weak level of ability to discern things or make decisions.

Therefore, this part of the defendant's assertion is without merit.

C. There are grounds for sentencing favorable to the defendant, such as the fact that the defendant has no history of criminal punishment against the defendant on the assertion of unfair sentencing, the defendant reflects his mistake, the fact that the defendant agreed with the victim, and the defendant has reached an contingent crime under the influence of alcohol.

However, this case is a serious case where the defendant rapes the victim and inflicts bodily injury.

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