A. It is unreasonable for the court below to order the defendant to disclose and notify personal information for five years even though the defendant was not found to be in danger of repeating recidivism due to an improper order to disclose and notify personal information.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too heavy.

2. Determination

A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the disclosure and notification of personal information of all persons who have committed sexual crimes, in principle, in order to defend our society from sexual crimes, shall be exempted only when it is deemed that there are special circumstances that may not be an exception to such disclosure and notification.

Here, whether a case constitutes “where it is deemed that there are special circumstances to prohibit disclosure of personal information” as a ground for exception to disclosure order and notification order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the crime, such as characteristics of the crime, such as the type, process, consequence, and seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, prevention of sexual

(2) In light of the Defendant’s age, power, risk of repeating a crime, circumstance and method of the instant crime, disclosure and notification order, etc., the Defendant’s injury to the Defendant and the effect of preventing sexual crimes that may be achieved therefrom, in light of the following: (a) the Defendant repeatedly committed the instant crime despite having been punished for committing a sexual crime; and (b) the Defendant committed the crime of rape by infringing upon the former’s residence; and (c) the Defendant’s age, record, risk of repeating a crime; (d) details and method of the instant crime; and (e) disclosure and notification order.