The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) declared by the court below is too uneasible and unfair.

2. The Defendant’s act of indecent act committed by the victim and witness even though the victim and witness were expelled, and the liability for the crime was not less severe, and the crime of this case appears to have been caused by considerable sexual humiliation and maternity, and the fact that no agreement was reached with the victim is disadvantageous to the victim.

However, in full view of the favorable circumstances, such as the recognition of a crime, the fact that there is no history of criminal punishment, the fact that the defendant is expected to have committed a contingent crime while in the aged and under the influence of alcohol, equity in sentencing with similar cases, and other various sentencing conditions, such as character and behavior, environment, motive, means and consequence of the crime, etc. of the defendant, it is difficult to view that the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above argument of sentencing is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.