A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disorder having no or weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical disorder, the fact that the defendant committed the crime of this case under drinking. However, in light of the circumstances revealed by the above evidence, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and thus, this part of the defendant's assertion is rejected.

B. In determining the sentence against the Defendant, the lower court rendered a sentence on the assertion of unfair sentencing, taking into account all the circumstances, such as the Defendant’s age, character and behavior, career, home environment, motive for the crime, circumstance after the crime, etc., on which the sentencing conditions specified in the instant argument are considered, and thus, the sentence was imposed, taking into account the following factors: (a) the Defendant committed the instant crime and the Defendant appears to have committed the instant crime; (b) the police officer obstructing the performance of official duties expressed his intent not to punish the Defendant; and (c) the Defendant’s primary offender; and (d) the Defendant

Examining the above reasons for sentencing in light of the record, the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion.

There is no change in circumstances that it is unreasonable to maintain the judgment of the court below as it is in the trial.

Ultimately, the lower court’s punishment is appropriate, and it cannot be deemed that it is too unreasonable.

We cannot accept this part of the defendant's assertion.

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