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(영문) 춘천지방법원 속초지원 2017.07.20 2017고합21
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The facts leading up to the medical care and custody cause [criminal facts] The defendant and the victim in charge of the medical care and custody (hereinafter "the defendant") lack the ability or decision-making ability to discern things due to his or her mental fission. On May 18, 2017, the victim E (the victim, 20 years of age, 20 years of age and Ga), while smoking in the D following that located in Gangwon-gun, Gangwon-do, Gangwon-do around 07:05, reported on May 18, 2017, the victim E (the victim, 20 years of age and Ga) was asked about the victim's name and age, and made the victim's words "I am frequently, I am" with the victim's own hand, followed the victim by coercioning the victim by force.

[Facts of the cause of the treatment and custody] The Defendant 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 court in the state that he or she lacks the ability to discern things or make decisions due to a well-known illness showing a mental symptoms such as exchange with the Korea Exchange Administration, damage, etc., and thus needs to receive treatment at the treatment and custody facilities

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each police statement made to F and G;

1. 112 Declarations of Reporting Cases (No. 4 of evidence), relevant photographs (No. 13 of evidence), photographs (No. 26 of evidence);

1. A-8 Risk Family Management Card (Evidence No. 11), investigation report (Evidence No. 112 Report No. 16 of the past suspect, Evidence List No. 17 of the 112 Report No. 112 of the past suspect), the list of reported cases (Evidence List No. 17 of the 112 Report No. , namely, the No. 21 of the evidence), the disabled certificate (Evidence List No. 28 of the Evidence), investigation report (issuance of the medical record and interview case No. 29 of the A doctor, Evidence No. 30 of the evidence), hospitalization confirmation and treatment register (Evidence No. 30 of the evidence);

1. A mental appraisal report;

1. The need for treatment as indicated in the judgment and the following circumstances revealed through the risk of recidivism, i.e., the Defendant was diagnosed as a mentally disabled person with a mental disability of the third level, and the Defendant was diagnosed several times from May 30, 201.

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