A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

Considering the Defendant’s age, character and conduct, environment, and degree of risk of recidivism, there should be special circumstances in which the Defendant’s personal information should not be disclosed or notified. However, the lower court sentenced the Defendant to disclose or notify his/her personal information for three years. In so doing, the lower court erred by misapprehending the legal doctrine on special circumstances in which the Defendant’s personal information should not be disclosed or notified, thereby affecting the conclusion of the judgment.

2. Determination:

Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "the court shall order a person, etc. (person, etc. subject to disclosure) who has committed a sex offense against a child or juvenile to disclose disclosed information through an information and communications network during the registration period by judgment, in addition to the judgment of a sex offense case against a child or juvenile, the same shall not apply where a fine is imposed on a sex offense case against a child or juvenile, where a defendant is a child or juvenile, or where a defendant is deemed a child or juvenile, or where any other special circumstance is deemed not to disclose personal information," and Article 38-2(1) of the same Act provides that "the court shall issue an order to notify a person, etc. who has committed a sex offense against a child or juvenile to the local residents of the Eup/Myeon/Dong where the person subject to disclosure is residing during the disclosure period of information by judgment, in addition to the judgment of the sex offense case against a child or juvenile, but this shall not apply where a fine is imposed on a sex offense case against a child or juvenile, or where a defendant is a juvenile, or any special circumstance not to disclose personal information

On the other hand, the aforementioned disclosure and notification order system under the Act on the Protection of Children and Juveniles against Sexual Abuse is a kind of security measure aimed at effectively preventing sex offenses against children and juveniles and protecting children and juveniles from sexual crimes. However, in that it is a preventive measure for the purpose of social defense and edification against those who have anti-social risk, the essence of the security measure is different from the ex post facto measure that compels their responsibility for the main purpose of responding to the person who committed a criminal act. However, according to the content of the measure, the restriction of freedom and rights of the person subject to the disposition results in restricting the freedom and rights of the person subject to the disposition, so it shall be imposed to the extent of danger according to the principle of balance, taking into account

In light of the above legal principles, the crime of this case is deemed to have been committed by the victim immediately before the crime of this case, and it is difficult to recognize that the crime of this case alone committed by the crime of this case was committed by the victim prior to the crime of this case in light of the circumstances that the defendant had no criminal record, and the victim had his phone number entered into the mobile phone of the victim. ② The social relation between the defendant and the defendant is clear, and the defendant is in depth and it is against the defendant, so it is not necessary to impose security measures such as disclosure and notification order because it is difficult to deem the defendant to have a risk of recidivism, and ③ the above circumstances are not excessive in the degree of indecent act in the crime of this case and the victim does not want the punishment of the defendant or disclosure and notification of the personal information of the defendant.

Therefore, the judgment of the court below that ordered the defendant to disclose or notify information is erroneous in the misunderstanding of legal principles as to "special circumstances where disclosure of personal information shall not be disclosed" under the proviso of Article 38 (1) and the proviso of Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which affected the conclusion of

3. Conclusion

Thus, since the defendant's appeal is well-grounded, under Article 364 (6) of the Criminal Procedure Act, part of the judgment of the court below regarding the disclosure order and notification order should be reversed. However, as long as the disclosure order and notification order are incidental disposition which is sentenced simultaneously with the judgment of the sexual crime subject to registration and the part concerning the disclosure order and notification order is illegal, the whole case of the defendant of this case is reversed, and it

Articles 301 and 298 (Selection of Imprisonment for Imprisonment with Labor)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration, etc. in favor of the defendant as mentioned above)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Resumed Circumstances favorable to the defendant as seen above)

1. Order to attend lectures;

Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judges Choi Jae-sik (Presiding Judge)