The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. Determination

A. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

B. In accordance with Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced from July 17, 2018, the court shall issue an employment restriction order at the same time with the judgment on a sex offense case against a child, juvenile, or adult, but the court shall comprehensively consider the defendant’s age, occupation, existence of punishment for a sex offense, details and motive of the offense, method of and consequence of the offense, seriousness of the offense, etc., there are special circumstances in which the risk of reoffending is significantly low or restrictions on employment should not be imposed pursuant to the proviso to Article 56(1) of the aforementioned amended Act.

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

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.