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

The defendant is a person who is a C High School bus driver, and the victim D(n, 15 years old) is a person of Grade III intellectual disability.

The Defendant promised to act in good faith with the victim who uses school buses, such as raising a food for the victim and giving money to the victim, and to provide meals with the victim.

Around 13:00 on July 18, 2013, the Defendant provided meals to “F” located in Ulsan-gu E, Ulsan-gu, with the victim, and operated a cosmetic at “H” shop located in Ulsan-gu, Nam-gu, Seoul-gu, and operated a cosmetic with the victim at around 14:30 on the same day.

The defendant reported the victim who was seated in the chief of the police station, singly boomed the victim's body towards the victim, salving the victim's right chest with his body towards the port hand, faced the victim with him/her at the same time, and put him/her into the victim's seat.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Records of proceedings of statement;

1. Each investigation report, internal investigation report, and investigation report on children or persons with disabilities;

1. Application of Acts and subordinate statutes governing currency details and family relations certificates;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reasons for sentencing under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] : (a) 2 to 30 years of imprisonment; (b) ; (c) general standards; (d) 2 types of imprisonment for sex crimes; (e) 1 to 30 years; and (e) 1 to 3 years (the scope of recommended sentences ; hereinafter “the scope of recommended sentences”); and (e) 2 types of imprisonment for a year and 8 months to 3 years (the scope of corrected recommended sentences).