The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

A. The lower court’s improper exemption from disclosure order did not issue an order to disclose personal information without specific and clear grounds, which violates the purport of requiring the Defendant to simultaneously issue an order to disclose personal information in principle against the Defendant who committed a crime of indecent act by compulsion under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

B. In light of the fact that the crime of this case of unfair sentencing is committed by the Defendant with knowledge that the Defendant was bad, and thus, it is not good that the Defendant committed an indecent act against the victim in front of the toilet, and that the Defendant did not endeavor to recover from damage, and the victim is punished, etc., the sentence of the lower court that sentenced the Defendant to a fine of KRW 2 million and the order to complete a sexual assault treatment program for twenty-four hours is too uneasible.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” shall 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 offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree and anticipated side effects of the disadvantage the Defendant suffers, preventive effects of sexual crimes subject to registration to be achieved, and effects of the protection of victims from sexual crimes subject to registration, etc.

Supreme Court Decision 200