The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The fact that the crime of this case leads to the occurrence of a considerable sense of sexual humiliation and flag by the victim is disadvantageous to the Defendant.

However, comprehensively taking account of the following factors: (a) recognition of the crime; (b) recognition of the crime; (c) agreement with the victim was reached; (d) balance of general punishment in cases of the same kind and similar in favor of the victim; and (e) the fact that there was no previous convictions; and (c) other various sentencing conditions, such as Defendant’s age, sex, environment; (d) motive, means, and consequence of the crime; and (e) circumstances after the crime, it is difficult

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.