A. The lower court’s improper exemption from disclosure disclosure order is exempt from disclosure disclosure order, barring any special circumstance that does not mean that the Defendant’s personal information should not be disclosed or notified. This goes against the purport of requiring the Defendant who committed a sexual crime to simultaneously issue a notification order on disclosure of personal information, in principle, with respect to the Defendant who committed a sexual crime.

B. The sentence imposed by the lower court on the Defendant (limited to eight months of imprisonment, 80 hours of completion of sexual assault treatment programs, and confiscation) is too uneasible and unfair.

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.

(See Supreme Court Decision 201Do16863, Feb. 23, 2012). The Defendant led to the confession of the instant crime and against his/her own mistake, and the distribution or display of photographs taken by him/her, and the Defendant’s age, occupation, and occupation.