The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (a 2-year probation, protection observation, 80-hour lecture attendance order, and information disclosure order between two years) is too unfunied and unfair, and an order to attach a location tracking device is also necessary.

B. Of the lower judgment, the part of the lower judgment ordering disclosure and notification is unreasonable.

2. Determination

A. As to an order for disclosure and notification, there are special circumstances that may not disclose personal information, stipulated in the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as one of the grounds for exception to an order for disclosure and notification.

Determination of whether a case constitutes “a case” 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 of the relevant crime, seriousness of the relevant crime, characteristics of the crime, such as the disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effects and effects of the sex offense against the child that may be achieved therefrom, and the effects of the protection of the juvenile from the sex offense (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In light of the following circumstances recognized by the evidence duly adopted and investigated by the lower court, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since the defendant's argument is reasonable.

① Although the Defendant was punished for causing rape in the past, this is an offense against a female-friendly Gu in which the Defendant was dead at the time, and there is a possibility that the Defendant would prevent sexual crimes against many unspecified women or risk of repeating a crime.

It is difficult to readily conclude.

② As a result of the assessment of the risk of recidivism against the Defendant at the 14th level, the risk of recidivism was assessed against the Defendant at the 14th level. However, the above total point 14 is also considered to be “the prize.”