The prosecutor's appeal is dismissed.

The summary of the grounds for appeal is that the punishment (one year of imprisonment, two years of suspended execution, community service, 120 hours, and 40 hours of sexual assault treatment lectures) imposed by the court below on the defendant and the person who requested to observe the protective order (hereinafter referred to as the "defendant") is too uneasible and unfair.

Since the court below's decision on the claim for the order to observe the protection is improper to sentence the defendant to a suspended sentence of imprisonment, it is also unfair to dismiss the claim for the order to observe the protection of this case

Judgment

Examining the various sentencing conditions in this case regarding the part of the defendant case, the crime of this case is committed against the female under 15 years of age who was aware of when the defendant works as a middle school guardian, and committed an indecent act in line with the view and alcohol of the defendant's vehicle. The crime of this case is committed against the defendant's vehicle. In light of the crime's details and methods, the victim's age, and relation with the victim, etc., the crime is not easy. Accordingly, the victim seems to have suffered considerable mental shock and sexual humiliation, and the defendant is likely to be criticized in that he committed an offense using personal trust relationship with his duty to safely protect the students.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant seems to reflect the wrongs while committing the crime, the degree of tangible power exercised by the defendant is not much serious, the victim does not want the punishment of the defendant, and the fact that the defendant is the first offender who has no criminal record.

As above, the defendant's age, sex and environment, family relation, health status, motive, background, means and consequence of the crime, etc. are considered as a whole, and various sentencing conditions that are shown in the records and arguments of this case, such as the circumstances before and after the crime.