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(영문) 춘천지방법원 영월지원 2013.11.07 2013고합2
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The defendant and the claimant for medical treatment and custody (hereinafter referred to as the "defendant") of the facts constituting the medical treatment and custody lack the ability to discern things or make decisions due to saves, mental retardation, and personality disorders. From June 2003 to August 2003, the defendant found the victims E (the 9 years old) who are his/her offspring and his/her girls together with the above D to view the television in a large room, and found out that the birth of the knee and the kne of the knes became unable to do so by taking advantage of the kne difference that the knebs of the kel couple were fel, standing the victim's kne, standing together with the knee and clothes, and the victim was able to sit again on kne with the defect that the knebs and kne were about to flee, and make it impossible for the victim to do so.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

As above, the Defendant has committed a sexual crime corresponding to imprisonment without prison labor or heavier punishment as a mentally handicapped person with a sexual intercourse, such as a sonia, and there is a need to receive medical treatment at a medical treatment and custody facility and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Notification of the result of mental appraisal;

1. An abstract of a resident registration card, a certified copy of the resident registration, a family relation certificate, and a certified transcript

1. The necessity of medical treatment and custody and the risk of recidivism: (a) the circumstances revealed by the aforementioned evidence, namely, ① the level of the Defendant’s intellectual ability is very low and reasonable judgment or decision-making based on logical thinking and reasoning was determined to have been more familiar than the age; (b) the mental retardation of the Defendant appears to have an impact on the instant crime; and (c) the Defendant is extremely short of sociality, and is considerably heavy, and thus socially acceptable.

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