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(영문) 대전지방법원 2013.07.25 2013고합193
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant and his defense counsel did not explicitly assert mental disorder in this case under the lack of mental capacity to discern things or make decisions due to intellectual disability. However, according to the following circumstances, ① the Defendant is registered as a disabled person of Grade II with mental retardation disability; ② the Defendant is deemed to have a mental retardation of 49 degrees in intelligence index and to have a big degree of judgment; even according to his psychological evaluation report (as of June 4, 2013), the Defendant’s social well-being degree was 6 years old and 5 months in light of 10 years old and 20 years old and 3 years old, 4 years old and 9 years old, 20 years old and 4 years old and 9 years old, 20 years old and 20 years old and 4 years old, 3 years old and 4 years old and 50 years old and 4 years old, and 9 years old and 20 years old and 4 years old and 20 years old and 3 years old and 3 years old, the Defendant’s defense counsel was found to have a mental disorder of this case.

Accordingly, the defendant is the victim.

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