All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

In light of the defendant's risk of recidivism, it is necessary to issue an order to disclose personal information.

2. Determination

A. There is no change after the appeal, and in light of all the circumstances described in the reasons for sentencing and all other conditions for sentencing as well as the records, the sentence imposed by the court below on the defendant is too heavy or less severe, since it was made within the scope of the court’s discretion for sentencing.

shall not be deemed to exist.

B. Meanwhile, 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 requires 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, and there are special circumstances that may not be done on an exceptional basis.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

The issue of whether a crime constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do163, Feb. 23, 2012). As the Defendant’s crime was committed during the suspension of execution, it is very poor that the crime was committed, and the risk of recidivism is high.

However, the crime committed by the defendant does not directly affect the body of the victim.