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The prosecutor's appeal is dismissed.
Reasons
It is unlawful to exempt the defendant from the order to disclose personal information by misunderstanding the substance of the grounds for appeal.
The sentence of the court below's unfair sentencing (three years of the suspended sentence of one year and six months) is too unfluent and unfair.
Judgment
Article 47(1) and Article 49(1) main text of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies mutatis mutandis to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall disclose and notify the personal information of all sex offenders, except where special circumstances exist.
Whether there are special circumstances that may not disclose personal information shall be determined by comprehensively taking account of the Defendant’s age, occupation, risk of recidivism, etc. nature of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, as well as the effectiveness of preventing sex crimes that may be achieved by the disclosure order or notification order (see Supreme Court Decision 201Do14676, Jan. 27, 2012). However, in light of the Defendant’s age, occupation, social relationship, criminal record, and the risk of recidivism (no criminal record) revealed in the records of the instant case (no criminal record), the fact that the registration of personal information, and lectures for treatment of sexual assault may expect the effect of preventing recidivism to a certain extent by taking account of other various circumstances such as benefits and effects expected by the disclosure order or notification order, disadvantages and side effects resulting therefrom, etc., the disclosure of personal information of the Defendant may be recognized as special circumstances.
Thus, there is a special reason that the court below did not notify the disclosure of the defendant's personal information.
In determining the judgment, he did not err.
shall not be deemed to exist.
The prosecutor's ground of appeal against this is without merit.
Judgment on the unfair argument of sentencing is made.