The prosecutor's appeal is dismissed.

1. Summary of prosecutor's appeal grounds;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons, in light of the content of the crime of this case, which was improper to exempt the disclosure disclosure order, and the possibility of recidivism.

B. In light of the fact that the crime of this case was committed in the subway prior to the Defendant’s mackers the victim’s macker’s macker, thereby committing an indecent act, it is unreasonable for the lower court to impose a fine of KRW 3,000,000, and orders to complete a sexual assault treatment program for 40 hours.

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, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration, etc. (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The Defendant’s mistake is against the Defendant, and there is no record of criminal punishment, and the Defendant’s age, occupation, risk of recidivism, and recidivism.