Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

In light of the fact that there is no record of criminal punishment against the defendant for the same crime, the punishment sentenced by the court below (six years of imprisonment) is too unreasonable.

It is improper for the court below to exempt the disclosure disclosure order, in the absence of special circumstances that do not disclose or notify the personal information of the defendant who was improper to exempt the disclosure disclosure order.

In light of the contents of the crime of unfair sentencing, etc. of this case, the sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

With respect to the prosecutor's unfair assertion of exemption from disclosure and notification order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes stipulates that "any special circumstance that may not disclose personal information exists" as an exception to cases where disclosure or notification order should be issued.

Here, whether a case constitutes “the disclosure of personal information” as an exception to an disclosure order or notification order 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., characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage, the preventive effects of the sexual crime subject to registration to be achieved, and the effect of protecting the victims of the sexual crime subject to registration.

(See Supreme Court Decision 201Do16863 Decided February 23, 2012). According to the evidence duly admitted and examined by the lower court, the following circumstances revealed: (a) the Defendant did not have any history of punishment for a sexual crime before the instant crime; and (b) the instant crime was based on the specific relationship with the victim; and (c) the motive and background of the instant crime; and (d) thereafter, the motive and background of the instant crime.