The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment for one year and six months, suspension of execution for two years, order to attend sexual assault treatment courses for 40 hours, and restriction on employment of children and juveniles-related institutions for three years) imposed by the lower court is deemed to be too uneasible and unfair.

2. The judgment of the Defendant is a life rehabilitation teacher who cares for intellectually disabled persons, but rather commits an indecent act by force against the victim, who is a intellectual disabled person, and due to such indecent act, the crime is considerably poor when considering that the victim was suffering from a considerable sense of sexual humiliation, and such an act is disadvantageous.

On the other hand, it is advantageous that there is no criminal history against the defendant, and that the type of force or the degree of indecent act committed by the defendant, recognized by evidence, cannot be considered to be serious.

In addition, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition, even if comprehensively considering various circumstances, including the Defendant’s age, family relationship, character and conduct, and environment, which are the conditions of sentencing, are comprehensively considered, the lower court’s punishment is deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is without merit and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench, stating that “Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse” under Article 25(1) of the Regulations on Criminal Procedure is “Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)” and Article 56(1) main sentence of the former Act on the Protection of Children and Juveniles against Sexual Abuse.