A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable that the court below did not issue an order to disclose or notify the information to the defendant, even though there are no special circumstances that would not disclose the personal information of the defendant for the improper exemption from disclosure or notification order.

2. Determination

A. In light of the fact that the instant crime committed by the Defendant with respect to the wrongful argument of sentencing is an indecent act by force against a victim under the age of 13 who was returned to his/her home and the nature of the crime is not good, strict punishment against the Defendant is required.

However, in comparison with the original judgment, there is no particular change in the conditions of sentencing and the sentencing of the lower court exceeded the reasonable scope of discretion, since the Defendant suffers from a mental divided disease with a mental disability of Grade II and there is no criminal history subject to criminal punishment; the Defendant is also sentenced to the suspension of the execution of imprisonment with prison labor; and there is no change in the conditions of sentencing and the order for observation and treatment of treatment.

In light of the fact that it is difficult to see that the defendant's family members actively treat the defendant and prevent recidivism, the course and contents of the indecent act in this case, the age, health condition, sexual conduct and environment of the defendant, motive, means and result of the crime, etc., conditions of sentencing specified in the argument in this case, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the above argument by the prosecutor is too unjustifiable and unfair. Thus, the prosecutor's above assertion is without merit.

B. The lower court’s determination on the illegality of exemption from disclosure and notification order 1) The following circumstances, namely, ① the crime of this case alone, has a criminal tendency against an unspecified number of unspecified victims, which are acknowledged by comprehensively taking account of the adopted evidence:

It is difficult to conclude, ② The registration of personal information on the defendant can have an effect to prevent recidivism to a certain extent.