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The prosecutor's appeal is dismissed.
Reasons
1. The crime of this case regarding the grounds for appeal of this case is an indecent act committed by the Defendant against the victim by using his clothes from the new wall time zone on one occasion, and the nature of the crime is not less exceptionally, and an agreement was reached between the victim and the victim up to the trial.
Unless there are circumstances to see that the victim or the victim gets a defendant and sees the defendant's wife, the circumstances are disadvantageous to the defendant.
However, in light of the circumstances such as the fact that the Defendant recognized the instant crime and is against the Defendant (a person who was detained in the original trial) and that there was no record of being punished for the same kind of crime and there was no criminal record exceeding the fine, it cannot be deemed that the lower court’s punishment (a fine of two million won, a sexual assault treatment program completion for 40 hours) is too unjustifiable, in view of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, and circumstances after the crime.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.