All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment is heavier than that of the lower court.

B. Prosecutor 1) There are special circumstances in which the disclosure of personal information against the Defendant by mistake of facts and misapprehension of legal principles should not be disclosed.

shall not be deemed to exist.

The court below's exemption from disclosure notification order is unfair.

2) The sentence of the lower court’s unfair sentencing is somewhat weak.

2. Determination

A. In fact, misunderstanding of legal principles 1) There are special circumstances that may not give notice of personal information disclosure under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, which include the exception to disclosure disclosure notification order.

The issue of whether a case constitutes “a case to be determined” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and expected side effects of the Defendant’s entrance due to an order of disclosure or notification, the preventive effects and effects that can be achieved due to the order of disclosure or notification, sexual crime subject to registration, the effect of preventing sexual crime subject to registration, and the effect of protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). (2) Defendant agreed with the victim; (3) Defendant’s mistake against himself/herself; and (4) it appears that the effect of preventing repeating a crime can be expected to be certain to a certain extent due to the registration of personal information and the lectures in the treatment of sexual assault; and (4) personal information disclosure should not be made in light of all circumstances such as the Defendant’s age, occupation, family information disclosure.

The decision is judged.

The court below erred in this regard.

subsection (b) of this section.

B. Illegal assertion of sentencing.