A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. As to the punishment sentenced by the first instance court (the Defendant and the Prosecutor), the Defendant asserts that the above punishment is too excessive, and that the prosecutor is too unfeasible and unfair.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the defendant was found to have somewhat drinking at the time of the crime of this case, in light of the defendant's usual drinking, the background leading up to the crime, the means and method of the crime, the defendant's attitude and speech before and after the crime, and the circumstances after the crime, etc., the defendant was in the state of having no or weak ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, the defendant's above assertion cannot be accepted.

B. As to the wrongful assertion of sentencing, the instant crime committed by the Defendant was committed by assaulting a police officer by avoiding disturbance at the police box, and the nature of the crime is not good.

However, in full view of various circumstances, including the fact that the defendant has no criminal records of the same kind or suspended sentence, the defendant appears to be suffering from heavy illness, and the defendant is in depth of his/her mistake, and other circumstances, such as the defendant's age, sexual conduct, environment, health conditions, means and result of the crime, etc., it is difficult to view that the sentence of the first instance court is too heavy within the scope of the discretion of sentencing or is too unreasonable because it is too unfasible or too unfasible.

Therefore, the above argument by the defendant and the prosecutor cannot be accepted in entirety.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.