The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the punishment imposed by the lower court (a fine of KRW 7 million, 80 hours for completing sexual assault treatment programs, and 3 years for the employment of children and juveniles-related institutions, etc. and welfare facilities for the disabled) is too uneasible and unreasonable.

B. It is unreasonable for the court below to dismiss the prosecutor's request for probation order against the defendant who is likely to recommit sexual crimes and the requester for probation order (hereinafter "defendant") who is likely to recommit sexual crimes.

2. The crime of this case against the defendant was committed by the defendant at the front seat of the bus so that the head of the victim who was sitting at the seat of the bus was unsatisfed by hand, and was satd by unsatisfing the satisf.

On September 14, 2018, the Defendant again committed the instant crime even though he/she was under probation after having been sentenced to one year of imprisonment with labor for the crime of indecent act by force and three years of probation.

The victim seems to have caused a considerable sense of sexual humiliation by being subject to the above crime by the defendant, and the victim is punished against the defendant.

However, the Defendant recognized the instant crime and reflected his mistake.

In the course of committing the crime of indecent act by compulsion, the defendant did not exercise the force by assaulting or threatening the victim, and the degree of indecent act is also minor.

The defendant is under pharmacologic treatment to restrain sexual impulses, and he will refrain from using public transportation in the future.

In addition, in full view of the circumstances indicated in the records and pleadings of this case, such as the Defendant’s age, character and conduct, environment, economic situation, motive and background of the crime, and circumstances before and after the crime, the sentence sentenced by the court below cannot be deemed to be unfair because it is too 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, a fine shall be imposed on a specific crime case.