The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal by the public prosecutor;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any special circumstances despite the need to disclose the Defendant’s registered information in light of the content of the crime of this case, which was improper to exempt the Defendant from disclosure disclosure order.

B. In light of the fact that the crime of this case committed the crime of this case was committed by the Defendant by putting his hand in the bucks of the damaged person in the subway prior to subway trains and committing indecent acts, the crime of this case is not good, the fact that there was a record of fine for the same kind of crime, and the risk of recidivism, etc., the sentence of the court below which sentenced the order to complete the sexual assault treatment program for a fine of 3 million won and 40 hours is too uneasible.

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, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

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, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the relevant crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The fact that the Defendant misleads and reflects the Defendant, and the victim punished the Defendant.