The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (the amount of three million won in punishment and the completion of 40 hours in sexual assault treatment programs) of the court below is too uneasible.

2. On the one hand, even though the defendant denied the crime of this case until the original trial, and the defendant was forced to have a victim of the instant case as a net loss, not intentionally, at the trial of the party, not intentionally.

Even though the circumstances, such as the vindication of defense, do not seriously reflect the defendant, and there are several different types of records of the defendant, it is recognized that the defendant made efforts to recover damage, such as deposit of 4 million won for the victim in the trial of the court, and there is no previous conviction exceeding the fine, and the defendant seems to have committed the crime of this case in a contingent manner after drinking alcohol. In full view of all other matters concerning the sentencing as indicated in the records and arguments of this case, such as the background of the crime of this case, the defendant's age, occupation, sex, environment, circumstances after the crime, the risk of recidivism, etc., the prosecutor's assertion is without merit.

3. According to the 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.