The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to have the Defendant and the respondent for an attachment order disclose and notify the personal information of the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. (1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

It is improper for the court below to dismiss the defendant's request to attach an electronic device against the defendant, even though it is necessary to attach an electronic device to check whether the defendant's compliance with his/her obligations with probation has been complied with due to the recidivism of sexual assault.

2. Determination

A. The proviso of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) provide that an order to disclose information of a sex offender subject to registration shall be issued concurrently with a ruling, and that such order shall be exempted in exceptional cases where it is determined that there is “special circumstances

The phrase “where it is deemed that there are any special circumstances that may not disclose personal information” as an exception to disclosure orders and notification orders under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, means the Defendant’s age, occupation, characteristics of the offender, such as the risk of recidivism, etc., type of the crime, motive, process, result, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure orders or notification orders.