The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Although there are special circumstances in which the disclosure or notification of personal information of an improper defendant's personal information should not be disclosed or notified, it is improper that the court below ordered the defendant to disclose or notify the personal information for six years.

Judgment

If there is no change in the conditions of sentencing compared to the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to change the sentencing conditions. In full view of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too so excessive that its discretion exceeded the reasonable scope of discretion.

The defendant's ground of appeal on this part is without merit.

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 personal information of all persons who have committed sexual crimes shall, in principle, be disclosed and notified to the public in order to defend our society from sexual crimes, be exempted from such disclosure and notification only in cases where there are special circumstances to not be such disclosure and notification.

Here, the issue of whether the disclosure order or notification order constitutes "any special circumstance that shall not disclose personal information" as an exception to the disclosure order is due to the characteristic of the offender, such as the defendant's age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness, etc. of the crime, and the disclosure order or notification order.