A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and words before and after the commission of the crime, the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical weakness, it is recognized that the said Defendant had drinking alcohol at the time of the commission of the crime, but there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

B. The Defendant assaulted a police officer who performs legitimate official duties, and, in particular, spits or spits the chest on the chest of a police officer.

Even though the defendant had been sentenced to suspended sentence for the same crime, he committed the crime of this case.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. 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.