A defendant shall be punished by imprisonment for not less than one year 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

At around 17:49 on July 19, 2015, the Defendant was aboard the bus No. 600 at the bus stops in front of the D Elementary School located in C on July 17:49, and was seated immediately front of the right lower end of the bus at the end of the F-P bus stops located in C on the same bus at the end of the same day at around 17:56 on the same day, while the Defendant was sitting back to the back end of the passenger G (one name, 24 years of age, intellectual disability No. 2 grade) who was sitting and sit on the right lower end of the bus at the end of the F-P bus stops at the end of the same day and was rejected by the victim.

계속하여 피고인은 같은 날 18:20경 파주시 H에 있는 I역 버스정류장에서 피해자와 함께 하차한 후 피해자의 팔짱을 끼고 피해자를 I역 2층에 있는 장애인 화장실로 데리고 간 다음 피해자의 바지를 내린 후 양손으로 피해자의 허리 부분을 잡고 입으로 피해자의 성기를 빨고, 피해자의 뒤에 서서 피해자의 다리 부분을 양손으로 잡고 피고인의 성기를 피해자의 항문에 삽입하려고 하는 등 위력으로 정신적인 장애가 있는 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Stenographic records;

1. Video CDs made by each victim;

1. An expert opinion on sexual assault incidents against persons with disabilities;

1. A report on internal investigation (a CCTV verification case of bus images) and a report on internal investigation (a investigation into the CCTV verification);

1. A bus CCTV CD;

1. Application of Acts and subordinate statutes to photographs attached to the report on internal investigation and photographs attached to the report on internal investigation of the relevant internal investigation;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 62 (1) 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 against Order to attend lectures;

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 or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.