The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3 million, an order to complete a sexual assault treatment program for 40 hours, an order to restrict employment for each one year with children and juveniles-related institutions, etc. and welfare facilities for disabled persons) is too unreasonable and unfair, and in particular, an order to complete a sexual assault treatment program for 40 hours is excessive.

2. The lower court already determined the sentence by fully taking into account all circumstances, including the circumstances asserted as the grounds for appeal, such as the fact that the Defendant recognized and reflected the instant crime, the agreement with the victim, and the Defendant’s punishment power.

The defendant committed the crime of this case during the period of probation due to domestic violence, and the degree of indecent act against the victim is not weak.

The circumstances after the crime are also poor, such as denying the crime for the reason that CCTV exists at the time of being investigated, and that it is not memory while under the influence of alcohol.

In addition, even if comprehensively examining the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, and circumstances of the crime, the sentence of the court below does not seem to be unreasonable.

Meanwhile, Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes provides that where a court declares a conviction (excluding postponement of a sentence) against a person who has committed a sexual crime, or notifies a summary order, an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program (hereinafter “order to complete a crime”) shall be issued concurrently for a period not exceeding 500 hours, and the same shall not apply to any special circumstance where an order to attend a course or order to complete

According to the above legal provision, the defendant who committed the crime of indecent act by compulsion should be sentenced to a fine, so long as he/she is sentenced to a conviction, he/she shall be ordered to complete the program concurrently, and the defendant's assertion that he/she cannot complete the sexual assault treatment program for the