A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument about mental disorder. According to the records, although the defendant was found to have drunked at the time of the crime of this case, the defendant was found to have had no ability to discern things or make decisions, in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the defendant's speech and behavior before and after the crime of this case.

Since the defendant's mental disorder is not recognized, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances for the defendant, such as the confession of the crime of this case, the mistake is divided, the damaged police officer deposited KRW 500,000 for the defendant, and the damaged police officer does not want the punishment against the defendant, the defendant already committed the crime of this case without being aware of the fact that the defendant had been punished several times of crime and the crime of obstructing the performance of official duties, and the method of the crime of this case was poor, and all of the conditions of the arguments and the records, such as the defendant's age, career, sexual conduct, circumstance of the crime of this case, circumstances after the crime, etc., are considered appropriate.

The defendant's improper assertion of sentencing also has no reason.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.