Reply to a reader's query
As regards a general use of the subjunctive in Spanish, please see my notes in
my Grammar Guide. I shall concentrate this answer on the subjunctive after "the
fact that", which you seem to have answered pretty well yourself in the
question.
The possible translations of 'the fact that' are: "el hecho de
que"; "el que" and "que", which seem to be interchangeable. The subjunctive is
used after these forms when we make some kind of evaluation of a situation or
(as you mentioned) some emotional feeling is involved.
"El hecho de que
no actúe ya debería influir sobre cuál será tu próximo paso." - "The fact that he
doesn't act now should influence what your next step will be." (evaluation,
opinion.)
"Lo que me enfada mucho es que no recojan su basura después de
merendar en el campo." - "What angers me is the fact that they don't pick up
their rubbish after picnicking in the countryside."(emotional
statement)
If the statement is simply factual without the emotional
influence the indicative is used after these structures.
"Que a
las autoridades españolas les gusta tratar amistosamente con terroristas
es algo demostrado." - "The fact that the Spanish authorities like
to have an amiable relationship with terrorists is a proven fact." (Fact)
One
helpful tip is that when these structures are preceded by a preposition eg.:
'de'; 'por' then the sentence (nearly always) expresses a fact and the
indicative is used.
"Pronto se dio cuenta del hecho de que la vida no es
nada fácil." - "He soon realized that life was not at all easy." (use of
'de')
"No sale contigo por el hecho de que no quiere." - "He doesn't go
out with you for the fact that he doesn't want to." (use of 'por')
But
then we move into a grey area when we could perhaps consider a sentence both a
fact even though some emotional overtone is brought in. Your own example is a
case in point. In these cases you may see both the indicative or the subjunctive
used.
"A él le molesta mucho que ella no viene/venga a verlo." (verle -
Spain) - "He is upset that she doesn't/won't come to see him."
If you
always choose the subjunctive in cases where emotional feeling is involved,
nobody should criticize your judgement.