(영문) 전주지방법원 정읍지원 2013.11.27 2013고합37

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 정읍지원 2013.11.27 2013고합37

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The facts of the reason for medical treatment and custody [criminal facts] The defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") are the victims C (A, 54 years of age).

At around 04:00 on June 11, 2013, the Defendant, while under the influence of alcohol, mental divided disease, etc. at the victim’s house located D at regular Eup, had the ability to discern things or make decisions, and had the ability to rape the victim.

The Defendant, “humeing, humping,” refers to “humping,” and the Defendant, by hand, tried to set the victim by hand and forced the victim to be out of the clothes of the victim, and attempted to rape. However, the Defendant’s entrance did not lead to the Defendant’s escape from the Defendant’s right arms and attempted to commit a crime.

[Facts of the grounds for medical treatment and custody] The defendant has committed a crime under the status of mental disorder due to alcohol dependence, mental fissionosis, etc., and there is a need for medical treatment and custody facilities to provide medical treatment, and there is a risk of repeating a crime if mental treatment and education are not provided.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A mental appraisal report;

1. C Complaints;

1. Family relation certificate:

1. The need for treatment in the judgment and the risk of recidivism: The following circumstances revealed in each of the above evidence, namely, ① the Defendant began to undergo a pharmacologic treatment by showing symptoms, such as mental fissionation from around October 2004; ③ from around February 201, the Defendant was hospitalized in the mental ward and was treated for treatment due to aggressive speech and behavior, etc., and thereafter, there were symptoms, such as alcohol respect and arbitrarition; ② the Defendant was living separately with the victim, but the Defendant was found to be the victim’s house on the same occasion, and the Defendant was found to have been unable to commit the instant crime under the influence of alcohol at night, and ③ according to the result of the Defendant’s mental diagnosis, the Defendant was found to have been scopic.

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