The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair disclosure or notification order) that the court below ordered the defendant to disclose or notify personal information is unfair, and it is unfair that the period of disclosure or notification order (five years) is too long.

Judgment

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 shall, in principle, disclose and notify the personal information of all persons who have committed sexual crimes in order to defend our society from sexual crimes, and shall be exempted only in cases where there are special circumstances that may not be allowed to do so exceptionally. Here, whether the case constitutes “where there are special circumstances that may not disclose or notify personal information” as the exception to the disclosure order and notification 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 of the crime, consequence, seriousness of the crime, etc., characteristics of the disclosure order or notification order, degree of disadvantage and anticipated side effects to be achieved by the Defendant due to the disclosure order, preventive effects against the sexual crimes subject to registration, effects on the protection of the victim, etc.

(See Supreme Court Decision 201Do16863 Decided February 23, 2012). The following circumstances revealed in the record, namely, the crime of this case is deemed to have been committed by the Defendant to rape a victim who is unable to resist under the influence of alcohol, and the nature of the crime is bad, and the need to protect the members of society from such sexual crime is high. Even if considering the family relationship of the Defendant, the disclosure and notification order against the Defendant is enforced, the effect of preventing sexual crimes that can be achieved by the Defendant compared to the degree of disadvantage and anticipated side effects, and the effect of protecting the victims of sexual crimes is greater.