A defendant shall be punished by imprisonment for two years.

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 person who was a bus driver of the city-to-land transportation, and the victim C (V, 18 years old, intellectual disability 2 level) is a passenger who has been on board a bus operated by the defendant.

At around 07:30 on December 23, 2013, the Defendant stopped D buses operated by the bus stops in a single-high school bus stops located in the city located in the middle of the bus at a single-school bus stops located in the city located in the city located in the city of the Sin-gun, Sin-gun, Chungcheongnam-do on the 2nd day of 07:30 on the 2013. The Defendant, “I am I am I am I am.” The Defendant, “I am. I am.” The Defendant, “I am. I am. I am.”

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement contained in the video CD;

1. An expert opinion on sexual assault against a child or disabled person;

1. Application of the legislation in its opinion;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against the instant crime is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Article 47(1) and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and such person is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria (determination of type), sex crimes, general standards and disabled persons (at least 13 years of age).