The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The lower court exempted the Defendant from the disclosure order, but, without any particular reasons, ordered the Defendant to disclose the disclosure order.

However, the grounds for exemption from disclosure order and notification order should comply with the same judgment criteria, so the court below's disclosure order is unlawful.

In addition, there are special circumstances in which the defendant should not disclose his personal information.

Therefore, the disclosure order of the judgment below is unfair.

B. The sentence of the judgment of the court below on unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. (1) The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) provides that the personal information of a person meeting certain requirements, among those who have committed sexual crimes, shall be disclosed and notified in principle to defend our society from sexual crimes, shall be exempted only where there are special circumstances that may not be an exception to disclosure order.

Here, whether a case constitutes “where there is a special reason not to disclose or notify personal information” as a ground for exception to an order to disclose or notify personal information 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 of the crime, etc., 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 an order to disclose or notify information, prevention effect of sexual crimes subject to registration, and effect

(See Supreme Court Decision 201Do14676 Decided January 27, 2012, and Supreme Court Decision 2011Do16863 Decided February 23, 2012, etc.). (2) Meanwhile, the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.