The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., the suspension of the sentence of a fine (5 million won), the order to complete a sexual assault treatment program for 40 hours, the confiscation) of the lower court’s punishment (e.g., the suspension of the sentence of a fine) is too uneasible.

2. The judgment defendant taken the body, etc. of an unspecified victim by using a mobile phone, and is not suitable for the crime.

On the other hand, however, the defendant is against the defendant's wrong recognition.

There is no history of criminal punishment, and victim G does not want to be punished against the defendant.

The defendant, who was a student status, seems to have committed a crime dynamicly, and did not spread the photograph taken.

It is judged that compliance with the suspension period can be effective in preventing recidivism.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime, as a whole, various conditions of sentencing indicated in the pleadings and records, it cannot be deemed that the lower court’s punishment goes beyond the reasonable limit of discretion.

3. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), which enters into force on June 12, 2019 ex officio, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall make an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor to persons with disabilities for a certain period from the date the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is imposed, the date on which the sentence becomes final and conclusive) by judgment (hereinafter referred to as “order to restrict employment”) and the proviso to Article 59-3(1) provides that this shall not apply to cases where the risk of recidivism is remarkably low

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 201) is above.