A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the Defendant was aware that he had drinking alcohol at the time of committing the instant crime, it does not appear that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in view of various circumstances such as the background, means, and the Defendant’s behavior before and after the instant crime, etc. recognized by these evidence.

B. Although the degree of damage is not limited to the patrol of judgment on the assertion of unfair punishment against religion, the defendant was sentenced to punishment due to damage to public goods and interference with the performance of official duties, and there is a need to punish the crime of damage to public goods more strictly than the crime of damage to general property in terms of the establishment of public authority, and other sentencing conditions that are shown in the records and arguments in this case, the sentence imposed by the court below is judged appropriate, and it cannot be deemed unfair because it is too unreasonable.

3. In conclusion, 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 without merit. It is so decided as per Disposition.