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(영문) 대구지방법원 2015.08.13 2015고합73

유사강간상해등

Text

A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

On November 7, 2013, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court on November 7, 2013 and completed the execution of the above punishment on August 21, 2014.

【Criminal Facts】 At the time of each of the following crimes, the Defendant had weak ability to discern things or make decisions due to shock disorder caused by excessive drinking, etc. while having mental illness, such as alcohol dependence, anti-social personality disorder, etc.

"2015, 73"

1. Around 17:30 on January 29, 2015, the Defendant: (a) went through a victim E (inns, 60 years of age) at the home room located in the Daegu-gu apartment complex C, Daegu-gu; (b) while drinking alcohol with the victim E (inns, 60 years of age) at the drinking site, the Defendant forced the victim to take the arms of the victim, thereby leading the victim to a small room.

피고인은 “이러면 안된다.”라고 말하면서 손과 발로 피고인을 밀어내려는 피해자의 얼굴을 주먹으로 수회 때려 피해자의 반항을 불가능하게 한 후 피해자의 가슴과 엉덩이에 입을 갖다 대고 피해자의 성기에 손가락을 집어넣고, 피해자의 항문 부위에 성기를 갖다 댔다.

As a result, the defendant raped the victim, and brought about the victim non-alleys, which require approximately three weeks of medical treatment, and the victim's injury, etc.

"2015 Gohap95"

2. From August 22, 2014 to around 21:00 on the same day, the Defendant: (a) was refused a request from the victim G (the aged 41) located in the Daegu Dong-gu, Daegu-gu to prescribe psychotropic drugs at the H Hospital that serves as the secretary general; (b) the Defendant was urged to call for the provision of psychotropic drugs; and (c) the Defendant attempted to assault the victim on drinking, thereby making the other patient’s hospital delayed treatment by avoiding disturbance for about 35 minutes.

Accordingly, the defendant interfered with the management of the victim's hospital by force.