A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (an amount of four million won) is excessively unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by this court, the defendant is found to have drinking alcohol at the time, but in light of the content of the crime, the defendant's act before and after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's mental and physical weakness allegation is without merit.

B. The fact that the criminal defendant committed the instant crime in a state of alcohol is recognized as having been wrong, and that the criminal defendant seems to have committed the instant crime in a state of alcohol is favorable to the criminal defendant.

On the other hand, the crime of this case is not likely to be committed by assaulting a police officer who is performing legitimate duties by the defendant.

The defendant has been sentenced to the suspension of indictment for violating the Punishment of Violences, etc. Act (joint assault) in 2013 and a fine of 2 million won for the same crime in 2015.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. 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 groundless.