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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

The defendant, as a bus driver, was aware that the victim D(19 years of age) with intellectual disability 3 who attends a bus operated by himself/herself is unable to discern things or make decisions due to mental disability, and tried to commit an indecent act against the victim.

1. 피고인은 2013. 5. 29. 18:35경 여주시 E에 있는 ‘F’ 앞에서, 학교 수업을 마치고 버스에 승차한 피해자에게 "바람을 쐬러 가자"라고 하면서 운전석 뒷좌석에 앉으라고 한 후, 경기 여주군 G에 있는 버스터미널 사거리에 이르러 좌회전 신호를 대기하던 중 성적 흥분을 느껴 다른 승객이 없는 틈을 이용하여 피고인의 왼손을 운전석 뒤로 뻗어 피해자의 치마 속으로 손을 넣고 피해자의 음부를 만져 정신적인 장애가 있는 피해자를 추행하였다.

2. On May 29, 2013, the Defendant: (a) parked the above bus on the side of the end point of E E in each state when the Defendant was driving the victim on the bus as above; (b) opened the bus on May 29, 2013; and (c) opened the bus on one occasion, “I knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife of the victim; and (d) opened the victim’s knife knife with the victim’s knife knife knife.

In order to conduct the inspection, the victim with mental disability was indecently committed.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. The counseling day;

1. A evaluation report;

1. Application of the Acts and subordinate statutes governing CCTV images of buses;

1. Relevant Articles of the Act concerning the facts constituting the crime;