The prosecutor's appeal is dismissed.

1. The sentencing of the court below is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant, taking into account the fact that the instant crime was committed by a student of an extracurricular teaching school who is a child or juvenile on two occasions and the nature of the crime is not good.

However, the defendant's mistake is divided, the defendant has no criminal records of suspension of qualification or more severe punishment, the defendant is also sentenced to the suspension of the execution of imprisonment with prison labor and the order to attend lectures together, and the court below's sentencing has no change in the conditions of sentencing compared with the court below's decision and the sentencing of the court below exceeded the reasonable scope

In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because the defendant's punishment is too uneasible, and thus, the prosecutor's above assertion 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 appeal is without merit. It is so decided as per Disposition.