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(영문) 창원지방법원 마산지원 2015.11.18 2015고합62
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The facts leading to medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") had weak ability to discern things or make decisions due to the network type of fluoral disease. On April 12, 2015, at around 02:20, the victim C (Woo, 59 years old) who was in his/her place of residence in the window of Changwon-si was intruded into the inner door, and then the victim was found to have been in his/her place of residence and had sexual intercourse with the victim.

The Defendant kneel keling on the head of the victim, knek and keled the head of the victim, kned the victim’s arms with left hand, and rhing the victim’s clothes with left hand, and knicked the victim’s chest with the victim’s chest, and knicked the victim’s chest, which was the victim’s shouldered in diving, but the Defendant knicked the victim’s knick, and knicked the victim’s voice, which was the victim’s knick.

In the end, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's state of non-psying to resist, but he attempted to have the victim out of the lock.

[Fact of the cause of medical treatment and custody] The Defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and was punished by imprisonment without prison labor or heavier punishment as stated in the crime, and needs to receive medical treatment at a medical treatment and custody facility and risks

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A certificate of hospitalization (A), investigation report (in relation to hospitalization of a mental hospital of a suspect), investigation report (Attachment to photographs of places of damage), four photographs, investigation report (involving statements of a victim), opinion, and copy of medical records;

1. Necessity of medical treatment as indicated in the judgment and risk of recidivism: The following circumstances may be recognized by the statement of the above-mentioned evidence and the accused prepared by the psychiatrist E of the medical treatment and detention center:

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