The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A sexual assault therapy program against the defendant.

Summary of Grounds for Appeal

The sentence of imprisonment (two years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

It is unfair that the court below's improper order to disclose personal information to the defendant is unfair.

The former Act on the Protection of Children and Juveniles against Sexual Abuse and the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) shall, in principle, disclose and notify the personal information of all persons who have committed sexual crimes against children and juveniles, and shall be exempted in exceptional cases where “special circumstances” exist.

Whether there are any special circumstances in which personal information shall not be disclosed shall be determined by comprehensively taking into account the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type and motive of the relevant crime, process of the crime, seriousness of the crime, such as the result and seriousness of the crime, characteristics of the crime, such as disclosure order or notification order, degree and anticipated side effects of the disadvantage the defendant suffers, effects that can be achieved by such order, effects of prevention of sex offenses against children or juveniles,

(2) The crime of this case can be seen as a deviation from the context of a specific situation and human relations, and it is difficult to readily conclude that there is no criminal history against the Defendant and there is no other victim, and that there is a danger of sexual assault and recidivism. Thus, the effect of recidivism can be expected to some extent solely with the completion of a two-year prison life, registration of personal information, and sexual assault treatment program. The defendant lives in a certain residence, and is in a family and social relationship.