The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal by the public prosecutor;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any special circumstances despite the need to disclose the Defendant’s registered information in light of the content of the crime of this case, which was improper to exempt the Defendant from disclosure disclosure order.

B. In light of the fact that the crime of this case committed an indecent act by the Defendant was committed by the victim’s her butt in the subway, it is inappropriate for the lower court to impose an order to complete the sexual assault treatment program for a fine of two million won or more and forty hours, in so doing, due to the fact that the Defendant committed an indecent act on the victim’s her butt in the subway, and the risk of repeating the crime is high, and that the Defendant cannot be seen to have committed a serious rebuttal

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, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

Determination of whether a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the relevant crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims of sexual crimes subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The Defendant has no history of criminal punishment; in this case, personal information registration alone is also the registration of personal information.