The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the punishment imposed by the court below (two months of imprisonment, two years of suspended sentence, and forty hours of probation and sexual assault therapy) is too uneased and unreasonable.

2. The crime of this case, however, is an indecent act committed by the Defendant against the victim who was unable to resist due to alcohol, and thus, the method of the crime was defective, the victim’s sexual humiliation seems to be reasonable, and the victim did not take any measures for recovery of damage up to the trial.

However, in full view of the fact that the defendant led to the confession and reflect of the crime, the same criminal records do not exist, and other various sentencing conditions as shown in the records and arguments, such as the age, criminal administration, family environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.