The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (for four months of imprisonment, one year of suspended execution, one year of protection observation) is too unfased and unreasonable.

2. However, in full view of the favorable circumstances such as the Defendant’s assaulted the victim, who is a patient at the end of his age, causing injury to the victim, and the fact that the Defendant was punished as a violent crime, and the record of punishment was reached about 10 times, etc., the Defendant’s mistake is against the Defendant, and the Defendant committed contingent crimes during hospitalization for treatment of alcohol addiction, and the victim’s injury was not severe, and other favorable conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstance after the crime, and circumstances after the crime, it does not seem that the lower court’s punishment is too excessive and unfair.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.