A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant is a driver of the C urban bus in the Gun, and the victim D (one-seven years of age) is a child or juvenile with intellectual disability, who is a child or juvenile of Grade III of the intellectual disability.

The defendant, who became aware of the victim as a passenger in the course of operating a bus, was a disabled child or juvenile with less intellectual ability than normally disabled children and juveniles, and was willing to engage in sexual intercourse or indecent conduct with the purpose of resolving his/her sexual desire after delivery of a summons, such as carrying the bus on the bus without receiving any rent from the victim.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

A. On August 16, 2017, at around 20:00, the Defendant: (a) sent phone calls to the victim hospitalized for the purpose of the reduction of the period of time at the F Hospital parking lot located in Chungcheongnam-gun, Chungcheongnam-do; (b) then, the Defendant, who is owned by the Defendant, moved to the lower part of the “I”; (c) moved to the lower part of the vehicle into the “I” parking lot located in H in the Gun; and (d) forcedly forcedly forced the victim to go off the patient’s clothes and pantyty; and (e) inserted the Defendant’s sexual organ into the part of the victim’s sound.

나. 피고인은 2017. 8. 19. 11:40 경 충북 보은 군 J에 있는 K 초등학교 인근에서 피해자에게 전화를 걸어 나오라 고 한 후, 전항 기재 승용차에 태워 같은 날 12:00 경 충북 보은 군 L 무 인텔로 데려가, 피해자의 손목을 잡아 끌고 무 인텔 방안으로 들어가 피해자에게 입맞추려고 하고, 피해자가 거부함에도 불구하고 “ 혓바닥을 내밀어 라 ”라고 겁을 주어 강제로 키스하고, 피해자의 옷을 강제로 벗긴 후, 피해자의 가슴과 음부를 만지고 입으로 빨고 피해자를 침대에 눕힌 채 피해자의 음부에 피고인의 성기를 삽입하여 1회 간음하였다.

Accordingly, the defendant had sexual intercourse twice with the victim who has a mental disability by force.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;