The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty, 40 hours in order to complete a sexual assault treatment program, confiscation) is too uneased and unreasonable.

2. The defendant's crime of this case appears to have suffered a considerable mental shock, the defendant's records of being sentenced to a fine of KRW 3 million due to an indecent act committed by force around 2008, and a fine of KRW 1 million due to an obscene act committed by force around 2009 are disadvantageous circumstances, but on the other hand, the defendant recognized his mistake and reflects it, the defendant shows active improvement intention such as receiving mental and counseling treatment, and the victim does not want the punishment of the defendant by agreement with the victim. In full view of various sentencing conditions shown in the argument of this case such as the circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the prosecutor's assertion is without merit, and thus, it is not recognized that the court below's punishment is too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.