A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the lower court (two years and six months, etc.) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unreasonable for the lower court to have exempted the Defendant from an order to disclose personal information.

2. Determination

A. As to the prosecutor’s unfair assertion of exemption from disclosure disclosure order, there are special circumstances where disclosure of personal information may not be disclosed, which are stipulated as an exception to disclosure order and notification order under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, applicable pursuant to Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse.

Determination of whether a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, and risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2016Do14230, Nov. 10, 2016). In full view of the Defendant’s age, criminal record, occupation, type, process, consequence, seriousness of the crime in this case, disclosure order or notification order, the degree and anticipated side effects of the disadvantage the Defendant was admitted, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victims, etc., there are special circumstances where the Defendant’s personal information

The decision was determined.

The defendant's recidivism is limited to a certain degree of imprisonment with prison labor, registration of personal information, and completion of sexual assault treatment programs as stated by the court below.