The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

(b) the defendant;

1. Summary of grounds for appeal;

A. Defendant 1) The unjust Defendant and the person requesting an attachment order (hereinafter “Defendant”) against whom the order to disclose personal information was issued

It is unreasonable for the court below to order the defendant to disclose and notify personal information for seven years, even though there are special circumstances for not disclosing and notifying personal information to the defendant. 2) The court below's sentence of unfair sentencing (four years of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of the Defendant case is too unfilled and unreasonable. 2) The Defendant need to attach a location tracking electronic device because of the high risk of repeating sexual crimes.

Nevertheless, it is unreasonable for the court below to dismiss the request for the attachment order of this case.

2. Determination on the part of the defendant's case

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 provides that the disclosure and notification of personal information of all persons who have committed sexual crimes, in principle, in order to defend our society from sexual crimes, shall be exempted only where there are special circumstances that may not be an exception to such disclosure and notification.

Here, whether a case constitutes “where it is deemed that there are special circumstances to prohibit disclosure of personal information” as a ground for exception to disclosure order and notification order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness, etc. of the crime, characteristics of the crime, such as the crime, such as the type, consequence, and seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to disclosure order or notification order, prevention of sexual crimes subject to registration, effects of protection

Supreme Court Decision 2011Do16863 Decided February 23, 2012