The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal - The sentence of the court below (a year of imprisonment and a stay of execution 2 years, and an order to attend a sexual assault treatment lecture for 40 hours) against an unfair defendant in sentencing is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of this case is a crime that commits an indecent act, such as where the defendant took the victim with mental disorder at home, and where the defendant did not agree with the victim.

However, in full view of all the circumstances shown in the records and arguments, including the fact that the defendant has no record of punishment for the same kind of crime, the fact that the defendant's health is not good, and the defendant's age, sex, family relationship, environment, etc., the sentencing of the court below seems to have been conducted within the reasonable scope of discretion, and there is no change in the sentencing conditions compared with the court below

Ultimately, since the sentence of the court below is too uneasy so it seems unfair, the prosecutor's improper assertion of sentencing is not accepted.

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.