The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment for not less than two years, six months of probation, three years of suspension of execution, and an order to attend sexual assault therapy and alcohol therapy for 40 hours) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant completed a school course at an elementary school and returned home, and the quality of the crime of this case is not less severe than that of indecent act by compulsion. The victim and his parents seem to have suffered a considerable psychological shock and pain due to the crime of this case, and the victim and their parents are unable to receive a manual from the victim to the trial.

On the other hand, however, there are many circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake into a truth, the defendant seems to have committed the crime of this case in a somewhat contingent condition, and the degree of indecent act is limited and drawn up. The defendant delivered 4 million won to the mother of the victim within the meaning of the crime of death, the defendant has no criminal record of the same crime and suspended execution, the defendant has no criminal record of the same kind of crime, and the defendant suffers from the disability of class 4 with physical disability, and so there is no good health, such as that social family relationship is evident, and the defendant seems to have a clear social family relationship, and the family members want to take the lead of the defendant, and the defendant also expressed his intention of improvement.

As can be seen, comprehensively taking into account the circumstances unfavorable or favorable to the defendant, the age, character and conduct, environment, etc. of the defendant, and all of the sentencing conditions indicated in the pleadings of the instant case, as well as the treatment in society, such as suspension of the execution of imprisonment with prison labor, which added an order to attend sexual assault treatment lectures and alcohol treatment lectures for 40 hours within the scope of recommended punishment on the sentencing guidelines (two to five years of imprisonment).