The prosecutor's appeal is dismissed.

1. The gist of the prosecutor's appeal of this case is that the crime of this case is not good that the defendant committed an indecent act by the victim of the moving person to the balking installed by him/her after opening the door where he/she does not have any awareness of gymmetric, and that the degree of conduct is relatively heavy that the victim's shoulder is dried up and drawn up in good hands, and the defendant tried to put the victim's be laid into the entrance of the victim, and that there was considerable mental suffering.

In light of the fact that the victim and the victim wished to punish the defendant, the sentence of the court below which sentenced the order to complete the sexual assault treatment program for 7 million won and 16 hours is too uneased and unfair.

2. In light of the following factors: (a) the Defendant recognized the mistake of the Defendant; (b) there is no history of criminal punishment; (c) the Defendant committed the instant crime in a contingent manner under the influence of alcohol; (d) the victim immediately ceased to commit the instant crime; (b) the motive and background of the instant crime; (c) the circumstances before and after the instant crime; (d) the degree of damage; and (e) other various matters prescribed in Article 51 of the Criminal Act, such as the Defendant’s character and conduct, the environment, and family relationship as indicated in the instant records and pleadings, the lower court’s punishment is too unjustifiable and unreasonable, even considering the circumstances alleged in the grounds for appeal.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.