The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

80 hours against the defendant.

1. The court below's scope of trial is limited to the conviction except for the part of dismissal of the judgment below's separate or finalized public prosecution since the court below dismissed a public prosecution on each of the facts charged of this case and sentenced a conviction on the remaining facts charged, and only the defendant appealed on this part.

2. Summary of reasons for appeal;

A. It is unfair that the court below ordered the disclosure or notification of personal information for a period of two years, even though there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified to the defendant in violation of an order to disclose or notify the personal information.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

3. Determination

A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that need not be an exception to such disclosure or notification.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

The issue 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, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012).