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(영문) 광주지방법원 순천지원 2015.06.25 2015고합36

강간치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed and notified for four years.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) are those who lack the ability to discern things or make decisions due to their mental retardation.

On February 9, 2015, at around 21:55, the Defendant: (a) followed the victim E (here, 55 years of age) in the street near the D cafeteria located in Scamh City, and (b) followed the victim at the above D cafeteria parking lot; (c) expressed the victim’s desire to “Ye, e.g., e., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f., f., f., f., f., and f., f., f., f., f., f., f.

As a result, the defendant suffered from the victim's knee and knee-kne-kne-kne-kne-kne-kne-kne.

[Facts of the grounds for a medical treatment and custody] The defendant needs to receive medical treatment at a treatment facility for committing a crime above imprisonment without prison labor and is in danger of repeating the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the victim;

1. Statement of opinion;

1. Notification of the result of mental appraisal;

1. The need for treatment in the judgment and the risk of recidivism: In other words, the need for medical treatment and custody in the judgment and the risk of recidivism are recognized in full view of the following circumstances acknowledged by the above evidence, namely, the low intellectual ability and social age (I Q 46) of the defendant, the decline in impulse capacity due to this situation, the circumstances and contents of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, living environment, etc.

Application of Statutes

1. Criminal facts;