A. In the part of the defendant's case, the punishment sentenced by the court below (7 million won of fine and 40 hours of completion of sexual assault treatment programs) is too unfluent and unreasonable.

B. The judgment of the court below that dismissed the defendant's request for probation order even if the defendant's request for probation order is likely to repeat an offense.

2. The Defendant did not engage in the crime of this case regarding the crime of this case even though the Defendant was a repeated offender due to the same sex offense, and instead used and rhumbbucks for the same hospital and the same-sex victim hospitalized in the same head room, and made indecent act by force by force by hand. The nature and circumstances of the crime are heavy.

However, the defendant recognized the crime of this case and responded to the mistake, and agreed with the victim in the first instance.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed as being too appropriate and unreasonable.

3. According to Articles 21-8 and 9(4)3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to a request for probation order, when a fine is imposed in regard to a specific crime case, the request for probation order shall be ruled dismissed.

As seen earlier, the lower court’s dismissal of the request for probation order of this case is justifiable, since the Defendant’s case also maintains a fine sentenced by the lower court.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.