The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine and forty hours of completion of a sexual assault treatment program) is too unhued and unreasonable.

2. In light of the background, method, and degree of damage of the instant crime, the nature of the crime is not less and less than that of the victim, and the victim’s wishing to punish the Defendant is disadvantageous to the Defendant.

However, considering the fact that the defendant has no record of punishment for the same kind of crime, and that the defendant reflects his mistake, etc. in favor of the defendant, there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the original judgment, and considering the following circumstances, the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances that form the conditions for sentencing as stated in the present argument and the record, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of conclusion is dismissed on the ground that the appeal by the prosecutor is without merit. It is so decided as per

(However, Article 32(1) of the Regulations on Criminal Procedure is clearly erroneous in Article 42(1) and Article 33 of the Rules on Criminal Procedure in Part 2, Section 18 of the judgment below, since Article 32(1) of the Decree on Criminal Procedure is clearly erroneous in Article 43.