The prosecutor's appeal is dismissed.

1. The lower court’s sentence (five million won in penalty, 40 hours in total, and 50 hours in total) against the Defendant on the summary of the grounds for appeal is unreasonable as it is too unfasible.

2. Determination that the exercise of tangible force in the instant crime is minor

It is not possible to see that the victim was suffering from a considerable sense of sexual humiliation, and that the victim strongly shot the defendant's punishment, etc. is disadvantageous to the defendant.

However, in full view of the circumstances of the instant crime, including the fact that the Defendant for the first time recognized the instant crime as well as its depth and reflects the Defendant’s depth, there is no evidence of criminal punishment, and there is no evidence to be considered in the sentencing after the sentence of the lower judgment, etc., and the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, the Defendant’s sexual conduct, and the environment, etc., where the lower court’s punishment is too uneasible and unreasonable, the Prosecutor’s assertion is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.