A. The lower court’s improper exemption from disclosure order did not issue an order to disclose personal information without specific and clear grounds, which violates the purport of requiring, in principle, the order to disclose personal information in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to be declared simultaneously with the judgment.

B. In light of the fact that the Defendant, at the Suwon District Court on August 26, 2010, sentenced imprisonment for a violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, Etc."), was sentenced to imprisonment for one year and six months, the suspension of execution for three years, and that there was a high risk of recidivism as well as the record of criminal punishment. The instant crime was committed by the Defendant with only the sexual organ of the same-sex victim who was divingd in the rain or the water surface room, and that the damage recovery was not performed, the lower court’s sentence ordering the Defendant to complete the sexual assault treatment program for 7 million won and 40 hours is too unafford, and thus is unreasonable.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether it constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be the defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, the degree and anticipated side effects of the disadvantage the defendant suffers, and the prevention effect and registration of sexual crimes subject to registration which may be achieved.