The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (2 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) by the lower court is deemed to be too uneasible and unfair.

2. The crime of this case was committed in a situation where the Defendant was under the influence of alcohol sparly, and the quality of the crime is not good, and the victim appears to have suffered a huge mental shock due to the crime of this case.

On the other hand, there are favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, the fact that the injured party does not punish the defendant, and the defendant is the first offender.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.

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. It is so decided as per Disposition.