The prosecutor's appeal is dismissed.

1. Summary of prosecutor's appeal grounds;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons, in light of the content of the crime of this case, which was improper to exempt the disclosure disclosure order, and the possibility of recidivism.

B. In light of the fact that the crime of this case committed the crime of this case was committed on the side of the victim, and it is not good that the defendant committed an indecent act against the victim due to an indecent act on the victim's upper chest, etc., the sentence of the court below which sentenced the order to complete the sexual assault treatment program for a fine of 2,00,000 won and for a period of 40 hours is too unreasonable.

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 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 protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The Defendant reflects the Defendant’s mistake, and there is no record of criminal punishment for sexual assault crimes, and the Defendant’s age, occupation, and occupation.