2. It is true that the instant case has an unfavorable circumstance, such as: (a) although the Defendant, who is a minor, led the victim E (the 12-year-old age) by his arms, he was able to take the seat of the victim E (the 12-year-old age), it is true that there is no risk inherent in the instant case, and the victim appears to have been considerably shocked due to the instant crime.

However, in full view of all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s above assertion is rejected, on the ground that it is deemed that the Defendant’s punishment is too unjustifiable and unreasonable, considering the following: (a) the distance between the Defendant’s moving of the victim’s neck to the victim’s neck is merely 2 to 3rds; (b) the Defendant appears to have committed the instant crime without any justifiable reason while under the influence of alcohol; and (c) the Defendant

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