The prosecutor's appeal is dismissed.

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

2. The Defendant is found to have committed an indecent act in the following manner against the above victim. Such unfavorable circumstances as the nature of the crime is very bad and the fact that the victim did not agree with the victim is acknowledged.

However, the circumstances that can be considered can also be acknowledged, such as the fact that the defendant cannot be able to use as an indecent act, and the fact that the defendant reflects on the time of committing the crime in this case.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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