The prosecutor's appeal is dismissed.

1. In light of the following, the gist of the prosecutor’s grounds of appeal (e.g., punishment of the lower court that sentenced the Defendant to an order to complete a sexual assault treatment program for a fine of KRW 10 million and 40 hours on the ground that the Defendant committed the instant crime immediately after he/she was sentenced to an order to complete a sexual assault treatment program for six months, a stay of execution two years, and 40 hours on February 5, 2014, and the risk of recidivism is very high, it is unreasonable to impose an excessive sentence on the Defendant.

2. The judgment of the court below is against the defendant's mistake, and the victim did not want the punishment of the defendant, and after the case, the defendant left a health club with the victim only, and taking into account the motive and circumstances of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments of this case, the court below's punishment cannot be deemed to be unfair because it is too unreasonable even considering all the circumstances alleged in the grounds for appeal. Thus, there

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.