The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended execution, and forty hours of an order to attend a sexual assault treatment course) is too uneased and unreasonable;

2. The judgment of the defendant is recognized that the defendant, who was sexual self-determination by the defendant, was infringed upon by the victim's sexual self-determination right and seems to have caused considerable sexual humiliations or discomfortable behavior, and the victim's mental impulse is reasonable in light of the relation with the victim, the circumstances leading up to the crime, and the degree and frequency of the indecent act, etc. that he/she forced him/her to sit in the side of the victim even though he/she refused several times, and forced him/her to sit in the victim's face, face, head, neck, etc., and talked with the chest and drinking.

However, in full view of the fact that the defendant is divided and reflected in his criminal act, that the defendant is the primary offender, that the defendant was temporarily absent from school in order not to cause the secondary damage to the victim, and that the defendant's age, character, conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be unfair because it is too uneasible.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Complaint” is added to “the summary of evidence” column of “the second part of the judgment of the court below,” “Article 10 of the Act on the Punishment, etc. of Sexual Crimes” is deemed “the relevant provision of the Act on the Criminal Crimes of 1. and the choice of punishment”, “Article 298 of the Criminal Act” of the first part is “the choice of imprisonment under Article 298 of the Criminal Act”, “Article 62-2 of the Criminal Act” of the first 15 of the same Act is “Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,” and “Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse,”