Notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal regarding the part of the claim for attachment order as the defendant appealed only, this part shall be excluded from the scope of the judgment of this court.

Summary of Grounds for Appeal

It is improper that the court below ordered the disclosure of Defendant's personal information.

Judgment

The instant crime constitutes a sex offense subject to registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the personal information of a person who has committed a sex offense subject to registration shall be exempted only when it is judged that there is a "special circumstance" that shall not be an exception.

However, the court below was issued a summary order of KRW 2 million at the Seoul Northern District Court on June 20, 2006, which can be recognized by the evidence duly adopted and investigated by the court below, as a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (sexual Indecent Act) on December 9, 2014. However, in full view of the following factors: (a) the type, motive, method and content of the crime in this case; (b) the consequences and seriousness of the crime; (c) the degree and expected side effects of the disadvantage the defendant would incur; (d) the effect of preventing sexual crimes that could be achieved by the disclosure notification order; and (e) the defendant was issued a summary order of KRW 2 million on June 20, 2006 by the Seoul Northern District Court; and (e) on December 9, 2014, the court below suspended the indictment for the sexual crime in this case