The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment and forty hours of an order to attend a sexual assault therapy) of the lower court is deemed to be too uneasy and unreasonable;

2. It is reasonable to punish the defendant strictly in view of the following: (a) the degree of indecent act committed by the defendant cannot be deemed to be light; (b) repeated indecent act in the future is repeated; (c) the victim did not agree with the victim; and (d) the denial of the commission of the crime and the denial of

However, there may be also be extenuating circumstances for the Defendant, such as: (a) the Defendant was under the influence of alcohol and seems to have caused the instant crime by contingency; (b) there is no record of punishment for the same kind of crime; and (c) the fact that the Defendant reflects the crime after the judgment of the lower court.

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.