A. Defendant 1) The Defendant was not only under the influence of alcohol at the time of the instant case, but also under the state of mental disability due to a mental disorder suffering from a long time. Defendant 1 was in the state of mental disability. 2) The sentence of the lower court’s unreasonable sentencing (a fine of KRW 3 million) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. Determination

A. According to the record as to the defendant's claim of mental disability, the defendant from January 16, 1997 to October 19, 1998, and from July 19, 201 to the same year.

8. up to February, each editing and bipolar mental disorder was treated, and even though he was aware that he had drinking at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to the editing and bipolar mental disorder, and drinking at the time of committing the instant crime, in light of the Defendant’s usual drinking volume, the background leading up to committing the crime, the method and method of committing the crime, and the circumstances after committing the instant crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant was the primary offender, and the Defendant committed the instant crime by contingency under the influence of alcohol, and some symptoms of the Defendant’s mental illness existed at the time are factors for sentencing favorable to the Defendant.

The crime of this case is an element of sentencing unfavorable to the defendant that was committed by the defendant, wearing his uniform, and duly performing official duties, and that it was not recovered, such as the nature of the crime is not good, and an agreement between the defendant and the police officer, etc.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and family relationship, the sentence of the court below is appropriate.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.