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(영문) 대전지방법원 2013.12.23 2013고합261
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The information on the accused shall be disclosed through an information and communications network for two years.

Reasons

Punishment of the crime

According to the following circumstances, the Defendant and his defense counsel did not explicitly assert mental disorder in this case under the lack of capacity to discern things due to impulse control disorder, but can be recognized by the records of this case, namely, ① the Defendant was hospitalized at F Hospital due to symptoms of mental illness from December 22, 2011 to February 24, 2012; ② According to the clinical Psychological Evaluation Report (2.28, 2012, prepared by the clinical Clinical Director G), the Defendant appears to have significantly lowered intelligence 71, and had difficulty in judgment, impulse control and behavior control; ③ the Defendant was deemed to have been unable to control the victim’s mental disorder at the time of 20th anniversary of his/her own mental disorder (see, e.g., Supreme Court Decision 200Da9744, Sept. 28, 2012).

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