The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, order to complete sexual assault treatment programs, and order to restrict employment) is too uneasible and unreasonable.

2. The instant crime was committed against the victim, who is an assistant nurse of a hospital hospitalized by the Defendant, and the nature of the crime was inferior, and the fact that the Defendant had been punished for the same kind of crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and that the defendant agreed smoothly with the victim is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.