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(영문) 대전지방법원 2013.08.14 2013고합70
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Criminal facts

Defendant

On February 5, 2013, at the front of the D church located in Seo-gu Daejeon, Daejeon (hereinafter referred to as the "defendant") around February 22 and 30, the applicant for medical treatment and custody and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") had weak ability to discern things or make decisions due to mental disorder caused by mental division, and the victim E (hereinafter referred to as the "victim, 23 years old), who was living therein, was sexual intercourse with the victim by having the victim feel mind to rape the victim's hand, leading the victim's hand to the stairs of the first floor of the above church, leading the victim's hand with the stairs of the first floor of the above church, cutting off the victim's hand and panty, leaving the victim on the floor, preventing the victim from reflecting the body and the body from reflecting the victim's body.

As above, the Defendant has committed a crime that constitutes a punishment heavier than imprisonment without prison labor in a state of mental disorder, requires medical treatment in a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement in the police statement of E;

1. Comprehensively taking account of the medical certificate, judgment pre-examination, and notification of the result of the mental examination (the need for the medical treatment at the time and the risk of re-offending), each of the evidence mentioned above, and the investigation report, which is the evidence duly adopted by this court (the video recording report of the suspect's interview interview) as a result of the mental examination of the defendant: (i) The defendant suffers from the on-site disease, such as mental disorder, damage accident, exchange administration, accident interruption, judgment disorder, disability, sexual impulse impulse disorder, etc.; (ii) the defendant needs to receive a professional mental therapy for the treatment of the mental disorder as above, social adaptation, and prevention of recidivism; and (iii) the defendant has a possibility of re-offending without a specialized mental therapy.

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