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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 25, 2019, at around 06:50 on February 25, 2019, the Defendant, alone, stored the victim’s sexual organ on the side of the victim D(35 years of age) who was divingd, together, in a soup crying room in Sari-si B.
Accordingly, the defendant committed an indecent act by force against the victim who has been unable to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement made to D by the police;
1. A complaint;
1. Application of the photographic Acts and subordinate statutes;
1. Article 29 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment and Hungary concerning the crime;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined in consideration of the fact that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not agreed with the victim, the fact that there is no record of punishment for the same kind of crime, the commission and degree of indecent act, the age, character and conduct, environment, etc. of the defendant;
Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to registration and submission of personal information, 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, and is obligated to submit personal information to the competent agency pursuant to Article
In light of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for committing the instant crime, method and result of the instant crime, disclosure order, notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, it is determined that there are special circumstances such as disclosing and notifying personal information or restricting the employment of children and juveniles-related institutions and welfare facilities.