The defendant's appeal is dismissed.

Summary of Grounds for Appeal

It is unreasonable for the court below to order the disclosure and notification of information on the defendant through an information and communications network for three years.

Judgment

A. Determination as to whether a person constitutes “any special circumstance to not disclose personal information” provided for in the proviso to Articles 37(1) and 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes should be made by comprehensively taking into account the Defendant’s age, occupation, characteristics of an offender, such as the risk of recidivism, etc., type of the crime, motive, process, result, seriousness of the crime, etc., characteristics of the crime such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure order or notification order, effects on the prevention of sexual crimes subject to registration, effects on the protection of victims from sexual crimes subject to registration, etc.

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). B.

In light of the following circumstances revealed in the records in light of the above legal principles, namely, that the Defendant is a young male with 30 persons, is currently engaged in daily labor without any apparent occupation, and the period of committing the instant sexual crime is a long-term period and the same crime is repeated, 4 times the frequency of crime, and the degree of risk of recidivism revealed therefrom, and the Defendant’s crime is committed with the following: (a) the following circumstances revealed in the records; (b) the Defendant’s backcoming women who go through the nights over several times in the vicinity of the Defendant’s residence, and (c) the Defendant’s backing away from the female’s back, and repeatedly wnded against many unspecified women at an open place around the Defendant’s residence; and (d) even if such circumstances as alleged by the Defendant or his defense counsel are fully considered, the lower court is justified to issue an order to disclose and notify the Defendant for three years.