Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances to not disclose or notify the Defendant’s personal information as to the exemption from disclosure and notification order. 2) The above sentence imposed by the lower court of unfair sentencing is too uneasible and unfair.

2. Determination

A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the disclosure of personal information of all persons who have committed a sexual crime, in principle, in order to defend our society from sexual crimes shall be exempted only where it is judged that there are special circumstances that such disclosure is prohibited exceptionally. Here, whether the case constitutes “where it is determined that there are special circumstances that the disclosure of personal information should not be permitted” as the exception to the disclosure disclosure order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the offender, such as the type of the crime in question, motive, consequence, and gravity of the crime in question, degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, preventive effect of the sexual crime subject to registration to be achieved

(see, e.g., Supreme Court Decision 201Do16863, Feb. 23, 2012). The relationship between the Defendant and the victim revealed in the instant pleadings and materials, etc., the Defendant has no record of other sex offenses, and the Defendant’s age, family relationship, background and process of the instant crime, benefits and prevention expected by the instant disclosure order, and disadvantages and side effects therefrom.