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(영문) 대전지방법원 2018.10.11 2018고합337
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be placed on employment for three years at juvenile-related institutions, etc.

Reasons

Criminal facts

The facts of the cause of the medical care and custody [2018 high 337] Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) committed an indecent act against the victim D (if he/she waits for an elevator before the elevator, 301-2 D) around May 3, 2018 in the state that he/she lacks the ability and ability to make decisions to discern things due to the early illness, etc., around 19:07, when he/she was unable to discern things, he/she committed an indecent act against the victim, by using the reduced back part of the back part of the victim, and by forcing the victim to rap up the victim.

[Facts of the cause of the treatment and custody] The defendant needs to receive treatment at the treatment and custody facility for the treatment of the above mental illness from a person who has committed a crime corresponding to imprisonment without prison labor or heavier punishment in a state that he or she lacks the ability to discern things due to mental illness, etc. and is in danger of recidivism.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made to D or E;

1. A criminal investigation report and CCTV image screen;

1. The following circumstances are acknowledged based on each of the aforementioned evidence, the National Health Insurance Corporation’s benefits for medical treatment, the record of medical treatment, each investigation report (suspect’s physical characteristics and abnormal behavior), and the notice of the result of mental appraisal as to the necessity of recidivism. In other words, the Defendant has been subject to pharmacologic treatment from around 2013, namely, ① the Defendant has been subject to pharmacologic treatment from around 2013, and the court’s mental appraisal shows clearly that there is a clear degree of differential reduction of recognition function due to mental disorder, and in particular, the concentration of attention is difficult and the decrease of mental movement speed is continuing, ② the Defendant committed a crime against the victim under the condition of mental or physical weakness caused by the foregoing mental disease at the time of the instant crime, ③ the Defendant’s current mental condition, and the Defendant’s statements by E, a maternal child.

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