2. The crime of this case was committed by the defendant as a swimming instructor and committed an indecent act against the victims who had received the swimming course from the defendant, and the crime was not less vulnerable to the nature of the crime, and did not agree with the victims.

However, there is no record that the defendant was punished for the same crime, and there is no record of criminal punishment exceeding the fine due to other crimes.

The defendant recognized the crime and made a mistake in depth, and the act of indecent act was committed in a purely, and the degree and content of indecent act is not relatively more severe.

In the civil litigation (Seoul District Court Branch Decision 2014Gau435) filed against the Defendant by the victim E, the decision of recommending reconciliation was confirmed and the Defendant appears to have recovered from damage by paying all the finalized compensation to the victim E. In this case, the Defendant was dismissed as a swimming instructor, and there are three children to support the Defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.