The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court’s punishment (three years of imprisonment, five years of suspended sentence, and 40 hours of attendance order in sexual assault treatment course) is unreasonable. It is also unreasonable that the lower court did not issue an order to disclose or notify personal information and an employment restriction order.

The crime of this case on the assertion of unfair sentencing is a situation unfavorable to the defendant that the defendant appeared as a witness in the court of original instance, and the victim and his family members should again attend the court of original instance to make statements about their damage experience and make statements, by infringing on the victim's residence by using the fact that the defendant suffers dementia and resides in the married person, and thus, the crime is not good.

On the other hand, the fact that the defendant acknowledges and reflects the crime, that the defendant agreed with the victim, and that the victim does not want the punishment against the defendant, and that the defendant has no record of punishment for the same criminal offense, is favorable to the defendant.

As above, considering comprehensively taking into account the conditions of sentencing as stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the conditions of sentencing after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is recognized that the sentence imposed by the Defendant exceeded the reasonable scope of discretion

Therefore, the prosecutor's argument of unfair sentencing cannot be accepted.

A judgment on an order to disclose and notify personal information and an order to restrict employment has no record of criminal punishment for sexual assault before this case, the defendant's age is 76 years of age, and the defendant is suspended from the execution of imprisonment with labor.