A. At the time of the physical and mental disorder, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was deemed to have drinking alcohol at the time, the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking alcohol at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

B. As to the assertion on unreasonable sentencing, the instant case is not likely to be a crime of obscing and assaulting a police officer on official duty execution by putting in uniform.

The first instance court has already determined the punishment in consideration of the conditions favorable to the defendant, and there is no special change or circumstance that can be newly considered in sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.