The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. It is unreasonable for the court below to order the defendant to disclose and notify personal information for a period of three years, even though there are special circumstances that the defendant should not disclose or notify personal information to the improper defendant of the disclosure and notification order.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, three years of suspension of execution, probation, 200 hours of community service, and 80 hours of sexual assault treatment course) is too unreasonable.

2. Determination

A. As to the wrongful assertion of an order of disclosure and notification, the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) provides for “any special circumstance in which disclosure or notification should not be disclosed” as an exception to where disclosure or notification should be ordered.

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 ought to 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, process, consequence, and seriousness of the crime, the degree and anticipated side effects of the disadvantage the Defendant entered, the effects of the disclosure order or notification order on the disadvantage of the Defendant

(see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012). B.

As long as a defendant is found guilty by committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Minors under thirteen years of age), an order to disclose and notify the defendant in principle shall be issued, but exceptional circumstances of exemption shall be given.