The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Punishments (fines 5,00,000) imposed by the court below on the defendant is too uneasible and unfair.

It is improper for the court below to exempt the defendant from the disclosure and notification order of personal information.

Judgment

The instant crime against the assertion of unfair sentencing is a situation unfavorable to the Defendant, where the Defendant made an indecent act by force on the street by the juvenile, and the nature of the crime is not weak in light of the content of the crime and the method of the crime, and the victim ageed due to the instant crime appears to have obtained a considerable mental impulse. Nevertheless, the Defendant did not receive a letter from the victim, etc., are the circumstances unfavorable to the Defendant.

On the other hand, the circumstances favorable to the defendant are as follows: (a) the defendant recognized the crime of this case as well as his mistake in depth; (b) there is no record of criminal punishment exceeding the fine; and (c) the degree of the indecent act of this case is not much serious.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the pleadings, it cannot be said that the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

With respect to the unlawful assertion of exemption from disclosure and notification order, the lower court should not disclose and notify the personal information of the Defendant, in full view of the following circumstances: the Defendant’s age and occupation, type and motive of the crime, the process and consequence of the crime, the existence of the same kind of power, the risk of recidivism, the degree of disadvantage and expected side effects of the Defendant’s entry due to disclosure and notification order, and the comparative balancing between the expected side effects of the sexual crime subject to registration and the expected profits.