A. It is unfair for the lower court to exempt the Defendant from disclosure and notification orders of personal information disclosure.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended sentence) is deemed to be too uneasy and unfair.

2. Determination

A. As to the assertion that exemption from disclosure or notification order is unfair, there are other special circumstances that may not disclose personal information as provided for in the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as one of the grounds for exception to disclosure or notification order.

In determining whether a case constitutes “a case” 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 of the relevant crime, seriousness of the relevant crime, characteristics of the crime, such as disclosure order or notification order, the degree and anticipated side effects of the disadvantage and side effects that the Defendant suffers, the preventive effects of the sex offense against children and juveniles that may be achieved therefrom, and the effects of protecting children and juveniles from the sex offense (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012). Comprehensively taking into account the aforementioned legal principles and the following circumstances revealed by the evidence duly adopted and investigated by the lower court, there are special circumstances under which disclosure of the Defendant’s personal information may not be disclosed:

The decision is judged.

Therefore, the prosecutor's assertion on this part is not accepted.

(1) The Defendant seems to have committed the instant crime without having committed any criminal record of sexual assault, and has committed it contingently.

In light of this point, the crime of this case does not seem to have occurred habitually of sexual assault.

(2) The punishment imposed on the accused, the registration of personal information, or an order to attend a course may expect the improvement of the character and conduct of the accused and the effect of preventing recidivism.

(3) The ages, family environments, social ties, etc. of defendants.