A. The Defendant, at the time of committing the instant crime, had symptoms, such as bipolar disorder, depression, etc., and had mental and physical loss or mental weakness under the influence of alcohol.

B. As to the punishment sentenced by the first instance court (the penalty amounting to KRW 1,500,00), the Defendant asserts that the above punishment is too excessive, and that the prosecutor is too unfeasible and unfair as the above punishment is too unfasible.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, the Defendant was in a state where continuous medical treatment was needed due to illness, such as a polar disorder, a stimulal disorder, a stimulious disorder, and a re-stimulious depression. In light of the circumstance leading to the instant crime, the method and method of the crime, and the circumstances after the commission of the crime, etc., the Defendant was in a state where the Defendant had no or weak ability to discern things or make decisions due to the said injury or alcohol at the time of committing the crime.

Therefore, the defendant's mental and physical disability cannot be accepted.

B. We examine both the defendant and prosecutor’s wrongful argument about sentencing.

In light of the purpose of expressing complaints against the police, the nature of the crime is not good, but the degree of damage is insignificant, there is no record of the same kind of crime, and there is no change in the sentencing conditions that may be particularly considered in the appellate trial, as well as other various circumstances, including the Defendant’s age, sexual conduct, environment, circumstances and consequence of the crime, and circumstances after the crime, etc., it is difficult to deem that the first instance court’s sentence is too heavy or unreasonable.

Therefore, the above unfair sentencing argument by the defendant and the prosecutor cannot be accepted in all.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, the appeal filed by the defendant and the prosecutor is in accordance with Article 364(4) of the Criminal Procedure Act.