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The prosecutor's appeal is dismissed.
Reasons
1. Summary of prosecutor's grounds for appeal;
A. The court below exempted the Defendant from an order to disclose personal information without specific and clear grounds, which violates the purpose of requiring the Defendant to declare the disclosure of personal information simultaneously with a judgment, in principle, by committing a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Act on the Punishment, etc. of Sexual Crimes.
B. In light of the fact that each of the crimes of this case on unfair sentencing committed by the Defendant was committed in the same manner in a subway escalator via three times, and that the Defendant was sentenced to imprisonment for six months at the Seoul Central District Court on September 30, 201, with a two-year suspended sentence on the grounds of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on the Punishment, etc. of Sexual Crimes"), and that there were several criminal records of criminal punishment for the same crime, the lower court’s sentence imposing an order to attend the course of sexual assault treatment for eight months, suspended sentence two years, probation, and 80 hours is so unfair that the lower court’s sentence is too unreasonable.
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, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.
Whether it constitutes “where it is deemed that there is a special reason not to disclose personal information” is a defendant’s age, occupation, risk of recidivism, etc., due to the characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc. of the crime, and the disclosure order or notification order.