The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for five months and one year of suspended execution) by the court below is too unfased and unreasonable.

2. In light of the fact that there was a history of punishment several times as a crime of assault, the Defendant, without any particular reason, assaults victims, damages public goods in the detention room, etc., and the nature of the crime is not somewhat weak, etc., the Defendant should be punished strictly.

However, considering the fact that the Defendant appears to have committed the instant crime in an unstable psychological state due to mental illness; the detention for at least 50 days up to the time that the lower court was sentenced, and the overall sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and the circumstances after the instant crime, etc., comprehensively taking account of the following factors, the lower court’s punishment is deemed adequate and it cannot be deemed unreasonable as it is too unreasonable.

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.