The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (the suspended sentence of a fine of KRW 10 million and the completion of a sexual assault treatment program) is too uneased and unreasonable.

2. Examining the various sentencing conditions in the instant case, the instant crime is an indecent act against a victim of 17 years of age who is a medical doctor at the hospital where the Defendant is working, in light of the status and relationship of the Defendant and the victim, and the age of the victim, etc., and the nature and circumstances of the instant crime are not negligible, and the victim appears to have suffered considerable mental impulse and sexual humiliation due to the instant crime is considered to be disadvantageous to the Defendant.

On the other hand, the defendant shows the appearance to close and reflect his mistake in depth immediately after the crime was committed; the type of the defendant's use or the degree of indecent act is relatively excessive; the defendant's position cannot be deemed to have been imprisoned or used as a means of indecent act; and the defendant seems to have committed the crime of this case somewhat contingent and impulsely; the defendant was retired from the hospital immediately after the crime was committed; the defendant was retired from the hospital; the first offender was the first offender; and the victim wanted to take the action against the defendant by mutual agreement with the victim only with the victim.

As above, comprehensively taking into account all of the sentencing conditions shown in the arguments of this case, such as the Defendant’s age, character and conduct, background, motive, means and consequence of the crime, etc., as well as all of the sentencing conditions that are unfavorable or favorable to the Defendant, and the lower court, considering such sentencing conditions, deeming that it is too harsh to prevent the Defendant from performing his/her duties in the future, shall be suspended from imposing a fine of KRW 10 million, but sexual assault.