A. The Defendant of mistake of facts merely expressed a desire to a police officer, and did not assault a police officer as stated in the facts charged.

(M) The defendant was treated with severe treatment from police officers. (B)

The crime of this case with mental disorder was committed under the influence of alcohol by the defendant in a state of mental disorder or mental disorder.

C. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the E’s written statement on the assertion of mistake of facts and the evidence duly adopted and examined by the lower court, such as the statement of the victimized police officer D’s investigation agency, etc., the Defendant was unable to avoid disturbance while taking a bath at the entry of the Caw or the entrance of Yeongdeungpo-gu Seoul, on the ground that he was drunk from the caw or his employee, as shown in the facts charged, on the ground that he was under the influence of alcohol from the Caw or the employee, and the police officer D who was dispatched upon 112 after receiving the report was compelled to take a bath and bbbbbbbbs, etc., and the Defendant’s allegation in this part is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in full view of all the circumstances such as the motive, circumstance, means and method of the crime of this case, the defendant's act before and after the crime of this case, and the circumstances after the crime, the court below did not have the ability to discern things or make decisions under the influence of alcohol.

Since it seems that the defendant did not appear to be in a state or weak condition, this part of the defendant's assertion is without merit.

C. Even though the Defendant had been punished by imprisonment or a fine for 20 times or more by an act of violence, the Defendant’s judgment on the assertion of unfair sentencing is an offender who committed the instant crime and is under the period of repeated offense.