A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant, while serving as C's city bus driver, was aware of the victim D (14 years of age) who lacks the ability to discern things or make decisions with intellectual disabled persons attending a bus operated by the defendant, and was able to have sexual intercourse by attracting the female to the defendant's house in the Geumsan-gun, Chungcheongnam-gun.

1. On December 2015, 2015, the Defendant: (a) laid the victim on the floor by putting the victim on the floor at the Defendant’s house; (b) laid off the victim’s panty and panty; and (c) laid off the victim’s panty and panty, laid off the victim’s sexual organ into the part of the victim’s sexual organ

2. On January 30, 2016, the Defendant: (a) placed the victim on the floor at the Defendant’s home; (b) laid the victim’s breast at the victim’s clothes; (c) laid off the victim’s chest; and (d) laid off the victim’s fry and panty thereof; and (c) laid off the victim’s fright and panty thereof; and (d) inserted the Defendant’s sexual organ into the victim’s negative part, thereby having sexual intercourse.

Accordingly, the defendant, as a person of 19 years of age or older, has sexual intercourses with children and juveniles over 13 years of age or older who lack the ability to discern things or make decisions due to physical or mental disability on two occasions.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. D's statements and stenographic records recorded in each video CD;

1. A report on internal investigation (content of the informant's currency), report on internal investigation (Attachment to the contents of text messages of the victim), and report on internal investigation (content of interview with the victim);

1. Application of Acts and subordinate statutes to a report on sexual assault incidents against children with disabilities and the results of diagnosis and assessment of persons eligible for special education;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant provision of the Act concerning criminal facts is applicable;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. An order of disclosure; and