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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be treated for 40 hours of sexual assault.
Reasons
1. In light of the purport of the grounds of appeal in this case, there is no substantial damage to victims due to each of the crimes in this case, and there is no contingent crime in the state of exploitation, it is unreasonable for the court below to issue an order to disclose and notify the Defendant even though the punishment of the court below is too heavy, and the disclosure and notification order is necessary.
2. The Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”) provides that a person who has committed a sex offense against a child or juvenile and falls under any of the following subparagraphs shall be sentenced to an order to disclose disclosed information, such as the name, age, address, etc. prescribed in the main sentence of Article 38 (1) through an information and communications network during the registration period, in addition to a judgment on a sex offense case against a child or juvenile, and the court shall order a person subject to disclosure of information, such as a person who has committed a sex offense against a child or juvenile among the persons subject to disclosure information, to disclose such disclosed information or transfer information during the disclosure period, and the court shall order the person subject to disclosure of such information to notify the head of Eup/Myeon/Dong, the head of a child care center prescribed in the Infant Care Act, the head of a kindergarten prescribed in the Elementary and Secondary Education Act, and the head of a school prescribed in Article 2 of the Elementary and Secondary Education Act to announce such information simultaneously with the judgment on a sex offense case against a child or juvenile.
Here, whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” as a ground for exception to an order to disclose personal information or an order to disclose personal information, such as the Defendant’s age, occupation, and risk of recidivism, and the type, motive, process, and consequence of the relevant crime.