The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. It is unfair that the lower court did not issue an order to disclose or notify personal information to the Defendant, which was unreasonably exempted from disclosure or notification order.

B. The sentence that the lower court rendered unfair sentencing (eight months of imprisonment, two years of probation, two years of probation, observation of protection, community service, 120 hours of attendance order, 40 hours of attendance order) is too uneased and unreasonable.

2. Determination on the part of an order of disclosure or notification

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, when a court declares a conviction against a person who commits an indecent act committed in compliance with the judgment of the court below, it shall issue an order to disclose and notify registered personal information through an information and communications network during the registration period provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but there are special circumstances that may not disclose or notify personal information.

If it is determined, the personal information may not be disclosed or notified.

In this article, there are special circumstances in which personal information may not be disclosed, as one of the exceptions to the disclosure order and notification order.

In determining whether a case constitutes “a case” 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 crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an disclosure order or notification order, the preventive effects of the sexual crime subject to registration that may be achieved, and the effects of the protection of the victim from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). (B) While the lower court convicted the Defendant of an indecent act subject to compulsory enforcement against the Defendant, it may not disclose or notify the Defendant’s personal information.