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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal grounds (e.g., the Defendant’s instant crime is unreasonable in light of the following: (a) the Defendant forced the victim to appear three times on his chest; and (b) the degree of indecent act is not less severe; and (c) no recovery from damage was made; and (d) the lower court’s sentence that sentenced the Defendant to the order to complete a sexual assault treatment program for 40 million won and 40 hours is too uneasible.
2. In light of all of the circumstances alleged in the grounds of appeal, the sentence of the court below is too unjustifiable, and there is no history of punishing the defendant for the same kind of crime, the victim stated at the police that the defendant's wife was disturbed, the motive and circumstances of the crime in this case, the circumstances before and after the crime in this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing such as the defendant's character and behavior and the environment, etc., the above argument is without merit.
3. The prosecutor's appeal of 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.