The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. The main sentence of the grounds for appeal is too unhued and unreasonable.

2. In this case, the prosecutor's appeal is determined by the case where the defendant committed an indecent act against the victim who was divingd in the rain or the water surface room, and the nature of the defendant's crime is not less severe in light of the method and circumstances of indecent act, and the victim's criminal act appears to have received considerable sexual humiliation and mental impulse. The victim's mental suffering has increased because the content of the crime in this case and the trial process are reported to the media, and it is determined that the victim will undergo considerable aftermathy in the future.

The defendant did not agree with the victim or receive a letter from the victim up to the time of the trial.

However, in full view of all the sentencing circumstances in the record, including the Defendant’s motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the crime, the sentence of the lower court is too uneasy and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. An applicant for compensation for damages filed by the applicant for compensation, who suffered mental pain due to the Defendant’s instant crime, thereby seeking compensation for consolation money of KRW 15 million.

However, the defendant is disputing the scope of liability for damages, and there is no objective data to calculate the amount of consolation money in the record.

Therefore, the application for compensation order of this case constitutes a case where it is not reasonable to issue a compensation order because the scope of compensation is unclear.

4. 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, and an application for compensation order filed by the applicant for compensation is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning