A. At the time of the occurrence of excessive drinking, the Defendant was in a state of mental disorder or mental disability due to the degradation of memory and the loss of ability to judge.

B. The first instance sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was deemed to have drinking alcohol at the time, the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking alcohol at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

B. As to the assertion on unfair sentencing, this case’s assertion on unfair sentencing is not likely to be a crime of obsing and assaulting a police officer on duty execution.

The defendant has been punished not less than 10 times for the same crime, but the defendant has been committed again during the period of repeated crime due to the same crime.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit