공무집행방해
The prosecutor's appeal is dismissed.
1. The sentencing of the court below (two months of imprisonment, two years of suspended execution, 40 hours of order to attend a lecture, 80 hours of community service, etc.) is too unfasible and unreasonable.
2. According to the records, although there are three times after 2009 the defendant had the same and similar power, there are no other circumstances to consider the circumstances leading to the crime, the extent of damage in this case is relatively minor, the defendant has to not repeat again, and in light of the circumstances leading to this case, the defendant seems to need medical treatment more than the human body restraint, and it is deemed that the prevention of recidivism is effective, and the sentencing of the court below is appropriate in full view of the defendant's age, character and behavior, family environment, and circumstances leading to the crime.
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.