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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case was committed by the defendant, in light of the following: (b) the defendant, who was divingd in the male body of the water in the letter of rain or inside the water; (c) the victim’s sexual organ was committed as soon as possible after the victim’s sexual organ was confirmed; and (d) the victim’s criminal intent to punish the defendant; and (c) the court below’s sentence ordering the defendant to complete the sexual assault treatment program for a fine of KRW 10 million and forty (40) hours, is deemed to be too unjustifiable and thus unfair.
2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal such as the Defendant’s age, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too unfasible and unreasonable. Therefore, the above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.