A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a driver of an urban bus, and the victim B (the name, the 30 years of age, the 30 years of age, and the intellectual disability 3 level) is a person who was a driver of an urban bus where the defendant is driving.

At around 10:00 on May 27, 2019, the Defendant: (a) driven the Defendant’s car of the Category C Lastren vehicle, and discovered the victim who was walking the sidewalk in front of the E Middle School located in Daegu-gun D; (b) was aware of the victim who was intellectually disabled, using the fact that the victim did not refuse his/her request, and was willing to commit an indecent act by force.

After stopping a vehicle on the side of the victim, the Defendant: (a) driven the vehicle into a G Park parking lot located in the Daegu-gunF, driving the vehicle into the front line; and (b) obstructed the victim’s right chest within the vehicle on 2 occasions; (c) obstructed the victim’s left side shoulder, left shoulder, arms, and arms; and (d) committed an indecent act by force against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the Act and subordinate statutes of the investigation report (No. 3,5,12,13)

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The exemption from disclosure orders and notification orders shall be the punishment of sexual crimes;