The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s grounds of appeal in light of the following: (a) the instant crime was committed by force by force by force by force, such as inducing and inducing the shoulder of a victim who does not know about himself/herself at all; and (b) the nature of the crime is inferior and the damage recovery was not made at all, the sentence of the lower court that sentenced the Defendant to complete the sexual assault treatment program with a fine of KRW 3 million and 40 hours is too unreasonable.

2. In light of the motive and background of the instant crime, the circumstance before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and the environment, the lower court’s punishment is deemed unreasonable even if all of the circumstances alleged in the grounds of appeal are considered in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) it appears that the instant crime was committed by drinking alcohol and contingently; (c) the degree of indecent act is not serious; and (d) the Defendant has no record of criminal punishment except twice sentenced to a fine due to the instant crime of violation of the Road Traffic Act.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.