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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (2 million won of a fine and 40 hours of order to complete a sexual assault treatment program) is too unhued and unfair.
Judgment
There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted in the trial, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing has exceeded the reasonable scope of discretion because it is too unhued.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit
[However, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities should determine whether to issue an employment restriction order pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities. Since there are special circumstances under which the lower court exempted the Defendant from the employment restriction order and should not issue an employment restriction order pursuant to the Act on Welfare of Persons with Disabilities,