The prosecutor's appeal is dismissed.

1. In light of the nature and content of the instant crime, the Defendant’s criminal records, etc., of the gist of the grounds for appeal, the lower court’s punishment (a fine of five million won) is too uneased and unreasonable.

2. In view of the fact that the instant crime committed by the Defendant was committed by force in an emergency room where the Defendant provided medical treatment to an emergency patient, and the nature of the crime is not good, and the Defendant committed a second offense even though having been sentenced to a fine three times for violent crimes, it is necessary to punish the Defendant with strict punishment.

However, the defendant recognized the crime of this case and there seems to be room for improvement as the 20th unit, and the defendant got to an emergency room after having taken the floor of the hand, and the defendant seems to have committed the crime of this case in a contingent manner due to the pain that he again gets a medical treatment from the doctor in charge, and after having taken care of him, he seems to have committed the crime of this case; the defendant currently is currently performing his duty of military service as a public duty personnel; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and behavior, family environment, etc., are considered as being too unjustifiable, and thus, the prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.