The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

. against the Defendant.

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

B. There are special circumstances to exempt a criminal defendant and a person subject to an order to disclose or notify personal information (hereinafter “the criminal defendant”) from issuing an order to disclose or notify personal information.

2. Determination on the grounds for appeal

A. As to the assertion on unfair sentencing, the lower court, based on the favorable circumstances and unfavorable circumstances for the Defendant, determined the sentence by comprehensively taking into account the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., as stated in its reasoning.

However, there has been a change in the sentencing condition in which the defendant agreed with the victim and received a letter from the victim, thereby forming favorable sentencing factors for the defendant.

Therefore, since the court below's punishment against the defendant seems to be too unreasonable, this part of the defendant's assertion is accepted.

B. As to the wrongful assertion of an order to disclose or notify personal information, 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) provide that the personal information of a person who committed a sexual crime shall, in principle, be disclosed and notified to the public, be exempted only in cases where there are special circumstances that may not be allowed to do so.

Here, whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” as one of the grounds for exception to an order to disclose information and an order to disclose information constitutes “the case where it is deemed that there is a special reason not to disclose personal information” is the defendant’s disadvantage due to the characteristic of the offender, such as the defendant’s age, occupation, risk of recidivism, type, motive, process, consequence, seriousness of the crime, etc.