The prosecutor's appeal is dismissed.

In light of the misunderstanding of the substance of the grounds for appeal and the misunderstanding of the legal principles (unfair exemption from disclosure or notification order), the nature of the defendant's crime and the method of the defendant's disclosure or notification of the information about the defendant, the court below's exemption from the order of disclosure or notification of the registered information to the defendant is improper or erroneous.

The punishment sentenced by the court below to the defendant (the amount of 3 million won, the amount of 24 hours' completion of a sexual assault treatment program) is too unfortunate and unfair.

Judgment

As to the unfair argument that exemption from disclosure or notification order is unfair, there are special circumstances that may not disclose or notify personal information, as prescribed by the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The issue of whether a case constitutes “a case to be determined” 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, 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 due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration, and the effects on the protection of the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In light of the aforementioned legal principles, health class, Defendant recognized the instant crime, and reflects it, without any history of punishment for the sexual crime, and the registration of personal information of the Defendant and the effects of the protection of the victims from the sexual crime subject to registration.

In addition, the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, and profits and effects expected by the disclosure order or notification order of this case.