A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any special circumstances despite the need to disclose the Defendant’s registered information in light of the content of the crime of this case, which was improper to exempt the Defendant from disclosure disclosure order.

B. In light of the fact that the crime of this case was committed in the course of night by the Defendant, following the victim, who had been on the way of committing the crime of this case, was committed in two arms, and the crime was not committed, and the risk of recidivism is high, the sentence of the court below which sentenced the order to complete the sexual assault treatment program for a fine of 10 million won and 40 hours is too uneasible.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

Determination of whether a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects and effects of sexual assault crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual assault subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). In this case, the Defendant has no history of criminal punishment for the same kind of crime, and the registration of personal information alone prevents the Defendant from repeating the crime.