The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty, five million won in total, and forty hours in total in a sexual assault treatment program) is too uneased and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance, such as the fact that the nature of the instant crime is not good in light of the content and form, degree of conduct, etc., and the fact that the victim seems to have suffered considerable mental impulse.

However, it is advantageous to the fact that the defendant recognized the crime of this case, the age of the defendant is the first offender, and the damaged person does not want the punishment of the defendant by agreement with the victim.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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