The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

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. First of all, we examine the unfair argument of exemption from disclosure and notification order.

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and notify the personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that may not be committed on an exceptional basis.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

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 offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and expected side effects of the Defendant’s injury due to an disclosure or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effects on the protection of the victim from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do163, Feb. 23, 2012). The lower court: (a) comprehensively taking into account the Defendant’s age, environment, social relationship, criminal records, and the risk of repeating a crime (at least ten years prior to the crime of rape of robbery), the profits and preventive effects expected by the disclosure or notification order, and the disadvantages and side effects therefrom, etc.

The decision was determined.

However, the court below has duly adopted it.