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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the sentence of the lower court (a fine of three million won, and an order to complete a sexual assault treatment program 16 hours) is too unhued and unreasonable.
2. In light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court against the Defendant cannot be deemed to be too unreasonable, in light of the following factors: (a) the Defendant appears to be the primary offender who has no criminal records; and (b) the Defendant’s age, character and conduct, environment, motive and consequence of the crime;
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However) In accordance with Article 25(1) of the Regulations on Criminal Procedure, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be amended ex officio to “Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” in Article 21 of the Decree on Criminal Procedure.