The prosecutor's appeal is dismissed.

1. In light of the prosecutor’s gist of the grounds for appeal (unfair form) that the Defendant did not object to mistake, such as denying a criminal act from an investigative agency, and that the victim expressed his/her intent not to be punished by the Defendant is not based on the Defendant’s strong reflective and effort to recover damage, and that there is a social consensus that sexual crimes should not be imprisoned with tolerance in our society, and that there is a social consensus in our society, it is unfair for the lower court to impose an order to complete a sexual assault treatment program for a fine of five million won and twenty hours.

2. The instant crime is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of violation of the Road Traffic Act for which a judgment has become final and conclusive and the crime of violation of the latter part of the Criminal Act should be considered at the same time in relation to the concurrent crimes under the concurrent crimes under the latter part of Article 37 of the Criminal Act; the victim D expressed his intent not to want the punishment by attending the court of original judgment; there is no record of criminal punishment by the defendant for the same kind of crime; the degree of damage has not been reduced; and other factors specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, the degree of damage, and the character and conduct of the defendant expressed in the instant records and arguments, are considered, and therefore

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

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the lower court’s ex officio rectification is made by adding “the latter part of Article 37 of the Criminal Procedure Act and Article 39(1)” to “the latter part of Article 37 of the Criminal Procedure Act dealing with concurrent crimes” following the “Article 298 of the Criminal Act and Articles 298 of the Criminal Procedure Act