Defendant shall be punished by imprisonment for a term of one year and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

피고인은 2017. 7. 24. 13:00 경 내지 16:00 경 남양주시 B 소재 자신이 운영하는 C 내에서 치료를 받기 위해 찾아온 피해자 D( 가명, 여, 39세 )에게 “ 쑥뜸을 해 주겠다 ”며 옷을 모두 탈의하게 한 뒤 피해자의 의사에 반하여 피해자의 성기에 자신의 손가락을 삽입해서 유사 강간하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (additional statement by a victim);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information or an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in such cases, the effect of preventing recidivism may be expected to a certain degree only after completing the registration of personal information and the sexual assault treatment program;

I seem to appear.

In addition, in full view of various circumstances, such as the defendant's age, family environment, health conditions, expected side effects on the defendant's disadvantage and expected side effects, profits expected therefrom, and effects of the prevention of sexual crimes, there are special circumstances in which the defendant's personal information shall not be disclosed or notified.

[Determination]

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018);

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. One type of recommendation [the scope of recommendation] according to the sentencing criteria shall be the general criteria for the crimes of rape (the persons who are at least 13 years of age).