The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence of unfair sentencing sentenced by the lower court (one year of imprisonment and three years of suspension of execution of imprisonment for a period of two years and six months) is too unjustifiable and unfair.

B. It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that would not disclose or notify the Defendant’s personal information.

2. Determination

A. The instant crime on the assertion of unfair sentencing is acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the Defendant’s sexual intercourse with a female victim with intellectual disability 3 at least twice in a situation where it is impossible or substantially difficult for the victim to resist sexual exploitation, thereby having sexual intercourse with the victim on more than two occasions, and the Defendant appears to have suffered a considerable physical and mental pain.

However, more favorable sentencing factors or objective and neutral sentencing factors are also recognized, such as the fact that the defendant has committed a mistake since the investigative agency, the degree of force used by the victim seems not to be serious, the victim does not want the punishment against the defendant by mutual consent with the victim, the victim is a primary offender who has no criminal records including the previous sexual crime, and the defendant is aged 75 years old.

The aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, health status, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the statutory punishment for the crime of quasi-rape against the former Act on the Punishment of Sexual Crimes and the Protection of Victims (limited to imprisonment for at least three years) (limited to imprisonment for a limited term of at least three years), the final sentencing case sentenced for the persons who committed similar crimes against the same victim (Supreme Court Decision 2012Da297 Decided January 10, 2013), the punishment of the former sexual crime and the punishment of the sexual crime.