The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too uneased and unreasonable.

2. Determination

A. The instant crime committed on the part of the Defendant case is an indecent act committed by the Defendant due to an indecent act by brushing the victim who was used in front of a house gate under the influence of alcohol, setting up the victim’s sexual organ, and closely sticking the Defendant’s sexual organ to the victim’s body, and thus, is not good.

The victim seems to have caused considerable sexual humiliation by committing the above crimes by the Defendant, who did not have awareness of being sexually.

The defendant committed the crime of this case again during the period of probation, even though he had been sentenced to two years of probation for one year of imprisonment due to the crime of indecent act by force.

However, the Defendant recognized all the crimes of this case, and is in profoundly against the mistake.

The defendant does not want to punish the defendant by mutual consent with the victim.

The defendant found the victim who was under the influence of alcohol and committed the crime of this case, and the degree of indecent act against the victim is also minor.

In addition, considering the following circumstances, the Defendant’s age, character and conduct, environment, relationship with the victim, economic ability, motive and background of the crime, and circumstances before and after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable.

B. In addition, according to Articles 21-8 and 9(4)3 of the Act on Probation and Electronic Monitoring, when a fine is imposed on a specific crime case, the request for probation order shall be ruled dismissed, and as seen earlier, the court below rendered a judgment against the defendant.