The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (e.g., fines of 15 million won, completion of sexual assault treatment programs for 40 hours, etc.) sentenced by the court below is too uneasible and unfair.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, the appellate court should respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant commits an indecent act against a victimized child who is merely eight years of age and thus is considerably poor.

The victim was unable to receive a letter from the victim.

These are disadvantageous circumstances.

On the other hand, the defendant recognized a mistake and reflects it.

The Defendant’s grandchildren did not directly contact the victim’s her traw.

There shall be no same criminal records.

These points are favorable circumstances.

The lower court appears to have determined a sentence in light of all the above circumstances, and even if comprehensively considering various circumstances, including the Defendant’s age, family relationship, character and conduct, and environment, it is not recognized that the lower court’s sentence is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is without merit and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the third part of the judgment below's third part of Article 25 (1) of the Regulations on Criminal Procedure shall be dismissed ex officio pursuant to Article 25 (1) of the Rules on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018). It is so decided as per Disposition by the court below by revising the proviso of Article 56 (1) as "the proviso of Article 56 (1) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)."