A. Defendant 1) Defendant 1 was in a state of mental and physical weakness or mental weakness at the time of committing the instant crime due to excessive drinking and polar disorder.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disorder, the Defendant suffered from stimulative disorder on the day of the instant crime, which is recognized as having the same, but in full view of various circumstances such as the background of the instant crime, the means and method of the crime, and the circumstances after the crime, etc. recognized by the evidence, the Defendant was in a state that the Defendant was unable to discern things or make decisions at the time of the instant crime.

It is difficult to view it.

Therefore, the above argument by the defendant cannot be accepted.

B. A favorable circumstance is that the Defendant recognized a mistake and reflects the Defendant’s determination on the improper argument of sentencing between the Defendant and the Prosecutor, and that the degree of the instant assault was not relatively much serious.

However, there are not only a number of violent crime records to the defendant, but also four times of past records that were punished for obstructing the execution of official duties, including two times of punishment, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of suspension of execution, which became final and conclusive on October 4, 2016 and became final and conclusive on October 12, 2016.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed too weak or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal by the defendant and the prosecutor is filed.