The prosecutor's appeal is dismissed.

1. The gist of the prosecutor's appeal (unfair sentencing) was that the defendant intruded into the fourth female toilets of the commercial building for about 16 minutes and remains there for about 7 minutes, and intruded into the second female toilets of the same building and stayed in about the second female toilets of the same building for about the same 16 minutes, and taken a moving picture with a cell phone, and committed each of the crimes in this case by contingency.

In light of the fact that it is difficult to see that the victim is a female student under the age of 9 and the victim is likely to have suffered a considerable mental suffering, the sentence of the court below ordering the victim to complete the sexual assault treatment program for a fine of 4 million won and 40 hours is too uneasible and unfair.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfounded and unreasonable, taking into account the following factors: (a) the Defendant’s mistake is recognized, there is no history of criminal punishment; (b) the family members are leading the Defendant; and (c) the motive and background of each of the instant crimes; (d) the circumstances before and after the instant crimes; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc.

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.