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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The court below's punishment (one year and six months of imprisonment, two years of suspended execution, and 40 hours of an order to attend a course) is unfair, and it is improper for the court below to exempt the defendant from the order to disclose or notify personal information of the defendant, although there are no special circumstances that may not disclose or notify the defendant's personal information.
2. Determination
A. In full view of various sentencing conditions appropriately cited by the court below, such as the fact that the degree of exercise of force against the victim or indecent act is not serious, and that the defendant has no record of the same kind of crime prior to the instant case, it cannot be said that the Defendant’s punishment is too unfeasible and reversed.
The prosecutor's argument in this part is without merit.
B. In light of the fact that the Defendant did not have a criminal record of a sexual crime, the Defendant was led to the crime committed by indecent act by compulsion, which was not at the time at an investigative agency, and is against the law, it is difficult to view that the risk of recidivism is high to the Defendant. The lower court’s exemption of the Defendant’s personal information disclosure and notification order is justifiable, given that the Defendant’s age, the background and process of the instant crime, the benefits expected by the disclosure order and notification order, the consequences and side effects of the order, etc. are considered to have the effect of protecting the general public from recidivism prevention and sexual crime, and the Defendant’s age, the process and effect of the instant crime, the disclosure order, and the disclosure order and notification order, and the disadvantages and side effects of the order.
This part of the Prosecutor's argument is rejected.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.