The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

A. The lower court’s improper exemption from disclosure order did not issue an order to disclose personal information without specific and clear grounds, which violates the purport of requiring the Defendant to simultaneously issue an order to disclose personal information in principle against the Defendant who committed a crime of indecent act by compulsion under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

B. In light of the fact that the crime of this case of unfair sentencing is an indecent act committed by the defendant, at night, by using the victim in the elevator as sparing the victim in the elevator and sprinking the victim in accordance with the elevator, etc., and that it is unnecessary to concurrently issue an order to attend a lecture to prevent recidivism, etc., the sentence of the court below which sentenced the suspension of sentence of a fine of KRW 3 million is too uneasible and unfair.

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, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree and anticipated side effects of the disadvantage the Defendant suffers, preventive effects of sexual crimes subject to registration to be achieved, and effects of the protection of victims from sexual crimes subject to registration, etc.

Supreme Court Decision 2011Do16863 Decided February 23, 2012