The prosecutor's appeal is dismissed.

1. Grounds for appeal and sentencing (the sentence of the lower court: KRW 3 million, the amount of a fine not exceeding 40 million, the completion of a program for treating sexual assault, and 3 years restricted on employment);

2. Determination

A. The lower court determined a sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: The method of indecent act and the part-by-law, the liability for the crime is not easy in light of the above, the record of having received juvenile protective disposition due to the same kind of crime: The degree of type used by the Defendant is minor, the recognition of the crime is against the victim, the agreement is reached with the victim during the investigation process, and there is no record of criminal punishment except juvenile protective disposition.

B. On the other hand, the reasons for unfair sentencing alleged by the prosecutor are already considered in determining the punishment by the lower court, and the lower court’s punishment determined accordingly is within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

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