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(영문) 제주지방법원 2016.11.10 2016고합76
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

An applicant for medical treatment and custody (hereinafter referred to as "defendant") is a person who lacks the ability to discern things or make decisions due to decentralization, such as receiving hospitalized treatment at a mental hospital several times from 10 to 10 times.

At around 11:40 on June 14, 2016, the Defendant: (a) in a state of mental disability as seen above, in a state of mental disability, she saw students entering the second-story male toilet of D Elementary School in Jeju, with a view to committing an indecent act; (b) entered the victim E (the age of 8) who entered the mast toilet, and used the victim’s her her her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst, and she she she

Accordingly, the defendant invaded another person's structure and forced the victim to commit an indecent act.

The Defendant, at the time of committing the crime, was in a state of lacking the ability and decision-making ability to change things due to the symptoms of the above mental disorder at the time of committing the crime, and there is a high risk of recidivism in the event of not receiving any mental medical treatment in the future. Therefore, it is necessary to receive a mental expert fee within the medical treatment and custody facility in order to ensure social adaptation and prevent recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records and statement-recording CDs;

1. A statement concerning the preparation of the F;

1. A criminal investigation report (to be accompanied by field photographs), a criminal investigation report (to be attached toCCTV images), and each accompanying material;

1. The following circumstances, i.e., the defendant, based on the evidence as indicated in the holding and the risk of recidivism and the result of the mental assessment of the defendant.

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