The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of three million won, order to complete a program) declared by the court below against the defendant is too unfasible.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following circumstances, the lower court’s sentence is so unftened that the Defendant’s mistake is recognized and reflected by the Defendant, and that the Defendant is an initial offender who has no criminal power, etc., taking into account the circumstances favorable to the Defendant. The instant crime committed by the Defendant, which committed an indecent act against the victim who was going on the way at night, is not good to the nature of the crime, and that the Defendant was not able to use from the victim, etc., taking account of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and it is difficult to view that the lower court’s punishment is too unfilled and goes beyond the reasonable scope of discretion.

3. Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) enforced on July 17, 2018, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced on June 12, 2019, applies to a person who has committed a sex offense before the enforcement of each of the above Acts and has not been finally determined (Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) and Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 1511, Dec. 11, 2018). The crime of the instant indecent act constitutes a sex offense to which each of the above provisions applies, the court