The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment for six months, a suspended sentence of two years, a probation, an order to attend a sexual assault treatment lecture for forty hours, a child or juvenile-related institution, etc. and an employment restriction order for three years in welfare facilities for disabled persons) that the court below made is too unfasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the said punishment by taking into account the following: (a) the Defendant fully recognized the instant crime; (b) there was no record that the Defendant had been punished by a fine exceeding the fine until the date since 2002; and (c) the Defendant’s health condition (e.g., depression and compromise).

In addition, even if the materials submitted in the trial court are considered, there is no meaningful change in the sentencing conditions compared with the court below.

In addition, considering the Defendant’s age, character and conduct, intelligence and environment, health and property status, family relationship and social ties, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unreasonable because it excessively goes beyond the reasonable scope of discretion.

Therefore, 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.