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(영문) 대전고등법원 2013.05.29 2013노144
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the attempted fraud among the facts charged in the instant case of mistake of facts, the Defendant did not have the intention to obtain fraud.

B. The lower court’s sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A.The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and evidence duly adopted and investigated by the court below and the trial court's decision, i.e.,: (i) the defendant provided meals at the nearby restaurant at the time of the victim's impulse (hereinafter "accident") while driving the vehicle; (ii) despite the fact that the defendant was not at all injured due to the above accident, he acted as if he was injured by the accident in this case, such as the victim's words that he would have been rashed before the victim or her bridge, etc.; and (iii) the victim "if he did not reach an agreement, she would have reached an agreement." The driving means that he would have reached an agreement. It means that he would pay to the victim a fine of KRW 10 million, insurance exemption amount to KRW 25 million, insurance exemption amount to the defendant, and (iv) the victim would not be aware that she would have suffered physical damage to the defendant due to the accident in this case, and the victim would not pay the defendant additional insurance premium to the defendant."

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