The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, order to complete a sexual assault treatment program 40 hours, confiscation) is too uneased and unreasonable.

2. In light of the substance of the instant crime, the fact that the victim’s sexual humiliation and mental suffering seems to be considerable is unfavorable.

However, considering the favorable circumstances, such as the confession of the Defendant to commit the instant crime and his mistake in depth, the primary offender who has no criminal records, the deposit of KRW 3 million for the victim at the lower court, and the clear social relation, etc., and other favorable factors such as the Defendant’s age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the commission of the instant crime, the lower court’s punishment is deemed to be too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal 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.