A. The lower court’s improper exemption from disclosure order and notification order is unlawful for the Defendant and the requester for attachment order (hereinafter “Defendant”) to exempt the Defendant from disclosure order and notification order of personal information.

B. The punishment of the lower court (three years of imprisonment, five years of suspended execution) is deemed to be too uneasy and unfair.

(c)

Although the defendant's request for attachment order was likely to repeat a sexual crime, it is improper for the court below to dismiss the defendant's request for attachment order.

2. Determination

A. As to an unfair assertion that exemption from disclosure or notification order is unfair, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes apply mutatis mutandis pursuant to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall disclose and notify the personal information of all sex offenders, and there are special circumstances in which such disclosure or notification shall not be made.

If it is judged, it shall be removed.

Here, there are special circumstances in which the disclosure of personal information may not be disclosed, as the exception to the disclosure order and the notification order.

The issue 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 the disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decisions 2011Do14676, Jan. 27, 2012; 201Do16863, Feb. 23, 2012).