The prosecutor's appeal is dismissed.

1. In light of the prosecutor’s gist of the grounds for appeal (unfair form of punishment) that the Defendant did not reflect the prosecutor’s fault and that there was a history of criminal punishment for the same kind of crime of similar water law, the sentence of the court below that sentenced the order to complete a sexual assault treatment program for a fine of 4 million won and 40 hours is too uneasible.

2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s personality and behavior and the environment, the lower court’s sentence is not deemed to be unfair even if all the circumstances alleged in the grounds for appeal are considered, and thus, there is no ground for appeal.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.