A. The court below exempted the Defendant from an order to disclose personal information without specific and clear grounds, which violates the purport of requiring the Defendant who committed a crime of indecent act by compulsion in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to simultaneously issue a notification order to disclose personal information.

B. In light of the fact that the crime of this case’s unfair sentencing is deemed to have committed an indecent act on the part of the victim, who was considered to have held a public performance at a juvenile cultural forum where many people pass and run, and that the damage recovery was not made, the court below’s sentence imposing an order to attend a sexual assault treatment course for one year of suspended execution, probation, and 40 hours is too uneasible, and thus, is unreasonable.

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, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree and anticipated side effects of the disadvantage the Defendant suffers, preventive effects of sexual crimes subject to registration to be achieved, and effects of the protection of victims from sexual crimes subject to registration, etc.

Supreme Court on February 2012