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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (two years and six months, etc.) is too unreasonable.
B. Prosecutor 1) Since the exemption from disclosure and notification orders is likely to pose a risk of repeating a crime against the criminal defendant, it is unreasonable for the court below to exempt the criminal defendant from disclosure and notification orders even though he/she should issue a new registration information disclosure
2) The sentence imposed by the lower court against an unfair defendant in sentencing is too unhued and unreasonable.
2. Determination
A. As to the prosecutor’s improper assertion of exemption from disclosure or notification order, there are special circumstances where disclosure or notification of personal information should not be disclosed or notified, as stipulated in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The issue 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 repeating a crime, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In light of such legal principles, the instant case is recognized by health, records, and the following circumstances recognized by the Defendant’s first offense, namely, there is no record of punishment as a sexual crime committed by the Defendant as the first offense, and the Defendant’s order to complete a sexual assault treatment program, as well as all other circumstances such as the benefits and effects expected by the disclosure or notification order to the Defendant, and disadvantages and side effects therefrom, etc.