The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the sentence of two years of suspended sentence in August, one hundred and sixty hours of community service, and forty hours of sexual assault treatment) is deemed to be too uneasy and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). There are unfavorable circumstances, such as the fact that the degree of the instant indecent act is not easy and that the Defendant did not agree with the victim.

However, the lower court appears to have determined the sentence in consideration of the above circumstances, and there is no change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment, the Defendant’s recognition of the instant crime and reflects the Defendant, and the Defendant’s primary offender who had not been subject to any criminal punishment prior to the instant case, as well as other circumstances that form the conditions for sentencing as indicated in the instant case, including the Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the crime, means and consequence, etc., it cannot be deemed that the lower court’s punishment is too uneasible and unfair.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.