The prosecutor's appeal is dismissed.

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the nature of the instant crime, and the fact that it appears that the victim was satisfyed at the time, and that sexual health and maternity were very significant, and that an appropriate sentence is necessary to prevent recidivism, the lower court’s sentence ordering a fine of 4 million won and 40 hours to complete a sexual assault treatment program is so unreasonable that the sentence of the lower court is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment cannot be deemed to be unreasonable because it is too unreasonable, considering all of the following factors as stated in the grounds of appeal: (a) the Defendant commits the instant crime against the mistake; (b) the Defendant did not have any history of criminal punishment; (c) the Defendant deposited KRW 10 million for the purpose of causing damage; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, and the environment, etc., which are conditions for sentencing, are considered.

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