The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is unreasonable for the court below to exempt the disclosure notification order, in the absence of special circumstances that would not disclose or notify the personal information of the defendant who was improper in the exemption from disclosure notification order.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, three years of suspended execution, one year of probation, and forty hours of sexual assault treatment lectures) is too uneasible and unreasonable.

2. Determination

A. The Act on the Protection of Children and Juveniles from Sexual Abuse provides that the disclosure of personal information of all persons who have committed a sexual crime in principle in order to defend our society from a sexual crime shall be exempted only where it is deemed that there are special circumstances that may not be an exception to such disclosure order. Here, whether the case constitutes “where there are special circumstances that may not disclose personal information” as the exception to the disclosure order should 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, etc. of the crime in question, characteristics of the crime such as the crime in question, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure order or notification order, the preventive effect of a sexual crime subject to registration, the effect of protecting the victims of the sexual crime subject to registration, etc.

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). According to the evidence and data, etc. presented in the instant argument, the Defendant’s indecent act is not very serious, and the Defendant’s law and social awareness as to such type of crime is at risk of realizing the risk of re-offending through taking courses for sexual assault treatment in the future, etc., and the Defendant’s age and health conditions are as follows.