The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is unfair that the lower court’s improper exemption from disclosure or notification order did not sentence the Defendant to disclose or notify personal information.

B. The sentence that the court below rendered unfair sentencing (two years of imprisonment, three years of suspended sentence, and forty hours of sexual assault treatment lectures) is too uneasible and unfair.

2. Determination

A. As to the unjust assertion that exemption from disclosure or notification order is unfair, the Act on the Protection of the Sex of Children and Juveniles from disclosure of personal information of all persons who have committed sexual crimes, in principle, to defend our society from sexual crimes, and there are special circumstances that may not be an exception to such disclosure.

There is a special reason that the disclosure of personal information shall not be disclosed, which is provided for as an exception to the disclosure disclosure order.

Determination of whether a case constitutes “a case to be determined” 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. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of the victim from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do163, Feb. 23, 2012). Such legal doctrine is also the same when applying special cases concerning the punishment, etc.

According to the evidence, materials, etc. revealed in the argument of this case, it is recognized that the defendant has no record of punishment for sexual assault crimes in the past, the defendant recognized his crime and seriously reflects his mistake, and the risk of recidivism will be reduced considerably through registration of personal information and participation in sexual assault treatment lectures in the future, and it is also recognized by the defendant.