The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years of suspended sentence for six months of imprisonment, eight hours of community service, and forty hours of sexual assault treatment lectures) is too uneasy and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is an unfavorable circumstance where the Defendant committed an indecent act against the victim at night by committing an indecent act on the victim at night, and the victim seems to have caused a great fear and sense of sexual humiliation, and the victim’s refusal to reach an agreement with the Defendant, and the victim wanted a strict punishment against the Defendant.

However, in light of the above circumstances, the court below appears to have sentenced the order to suspend the execution of imprisonment with prison labor as well as the order to attend a lecture for community service and for the treatment of sexual assault. In light of the favorable circumstances such as the fact that there is no change in the sentencing condition different from the punishment of the court below in the court below, the defendant's recognition of the crime in this case from the investigative agency, the defendant's age, sex behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records of this case and the theory of changes, such as the following circumstances, it cannot be deemed unfair because the sentence imposed by the court below is too unafford.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.