The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the sentence (3 million won in penalty, and 40 hours in sexual assault treatment programs) imposed by the court below on the defendant is too uneasible and unfair.

2. It is recognized that the crime of this case was committed by the Defendant’s sexual intercourse with the victim who had been in an internal relationship, and that the liability for the crime was not easy, and that the victim could have caused considerable humiliation due to the crime of this case.

However, it is also recognized that the Defendant recognized all the facts charged in the instant case and reflected his mistake, that the video recorded by the Defendant appears not to have been disseminated externally, and that the victim does not want the punishment of the Defendant.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.