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(영문) 대전지방법원 홍성지원 2014.09.04 2014고합35

강간상해

Text

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

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The facts leading up to the medical treatment and custody and the fact that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants") found the victim E (hereinafter referred to as 45 years of age) who did not have the ability to discern things or make decisions due to mental division, and tried to commit rape on May 13, 2014 at the front of the D, which is located in Bosa City, Bosa City, C on May 13, 2014, in order to find the victim E (hereinafter referred to as 45 years of age) who was mixed, and fright the victim's body from the back of the victim's body, let the victim go beyond the floor of the victim's body so that the victim cannot resist the victim's body, putting his hand in the victim's body, and fright the victim's face at two times in order to keep the victim's face, but the victim's scam to the victim's scam.

As a result, the defendant tried to rape the victim, and had the victim undergo a multi-scopic scopic scopic scopic scopic scopic scopic scop

[Facts causing a medical treatment and custody] The Defendant shows symptoms of mental illness, such as unrealistic accidents and disorder in actual judgment. At the time of the instant crime, a person who committed a crime corresponding to imprisonment without prison labor or heavier punishment, as stated in the facts constituting a crime in the judgment of the lower court, in the state that the mental disorder at the time of the instant crime lacks the ability to discern things or make decisions, needs to receive medical treatment at the medical treatment and custody facility, and

Summary of Evidence

【Criminal Facts in the Market】

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E;

1. A written diagnosis of injury (E);

1. The following circumstances acknowledged by the victim and on-site photographs [the necessity of on-the-spot medical treatment and danger of recidivism], and by a mental appraisal report and a criminal investigation report (the confirmation of the sentence of a criminal suspect), i.e., the defendant, on May 12, 2004.