The part of the judgment of the court below of the first instance and the judgment of the court below are reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. It is unfair that the sentence of the court below sentenced to the first instance court against the defendant and the person who requested the attachment order (hereinafter “defendant”) and the person who requested the attachment order (hereinafter “the defendant”), is too unreasonable.

B. Prosecutor 1) The sentence of the first instance court’s sentence against the Defendant 1 and sentence of the second instance court’s sentence (two years of suspended sentence in 8 months) against the Defendant 2 are too uneasible, and thus, the Defendant’s improper exemption from the disclosure and notification order is likely to repeat a crime. Therefore, it is unreasonable for the first instance court to exempt the Defendant from issuing an order to disclose and notify the Defendant’s personal information.

3) It is unreasonable for the first instance court to dismiss the instant request for the attachment order even if the Defendant’s rejection of the request for attachment order is found to have a risk of repeating the crime.

2. As the judgment of the court of first instance rendered on the defendant ex officio judgment, the court of first instance rendered an appeal against the judgment of the court of first instance, and the public prosecutor filed an appeal against the judgment of the court of first instance, and this court rendered a decision to concurrently examine each of the above appeal cases. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant among the judgment of the court of first instance and the judgment

3. Determination as to the prosecutor’s rejection of a request for attachment order

A. The term “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc. means that the possibility of recommitting a sexual crime is insufficient solely by the possibility of recommitting a crime, and that the person requesting an attachment order is highly likely to depict the legal peace by committing a sexual crime again in the future.

The risk of recidivism of sexual crimes is various, such as the occupation and environment of the person who requested the attachment order, the criminal conduct before the crime, the motive and means of the crime, the circumstances after the crime, and the situation before the crime.