The prosecutor's appeal is dismissed.

The summary of the grounds for appeal is that the punishment (ten months of imprisonment, two years of suspended execution, and 40 hours of sexual assault treatment lectures) imposed by the lower court on the Defendant and the person who requested to observe the protective order (hereinafter referred to as “Defendant”) is too unfasible and unfair.

Since the court below's decision on the claim for the order to observe the protection is unfair, it is also unfair to dismiss the claim for the order to observe the protection of this case.

Judgment

Examining the various sentencing conditions of this case on the part of the defendant case, the crime of this case was committed by the defendant after drinking alcohol with the victim who is his employee at his time, and committed an indecent act by taking the victim's hand or drinking alcohol in the defendant's car, kiscing kisc in the defendant's car, and kiscing the kisc. In light of the details and methods of the crime, the relationship with the victim, etc., the crime was not negligible, the victim seems to have suffered considerable mental pain and sexual humiliation, and the fact that the victim did not receive a letter from the victim is disadvantageous to the defendant.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant seems to reflect the wrong while committing the crime, the degree of tangible power exercised by the defendant is not much serious, the fact that there is no record of punishment for the same kind of sexual assault crime, and that the wife and children should be supported.

In addition, the lower court appears to have sentenced 10 months of imprisonment and 2 years of suspended sentence within the scope of recommended sentences (one month to one year), which are set forth in the sentencing guidelines, taking into account the following factors: (a) the Defendant’s age, sex, criminal conduct and environment, family relationship, health status, motive, background, means and consequence of the crime; and (b) the motive and consequence of the crime; and (c) the circumstances before and after the crime.