A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by drinking with heavy depression.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was diagnosed with depression during the process of the crime of this case, it is recognized that he had drinking at the time of each of the crimes of this case, it does not seem that the defendant lacks the ability to discern things or make decisions, and therefore, this part of the defendant's assertion is without merit.

B. It is recognized that the Defendant received a letter of suspicion from the victimized police officer when the Defendant was in the trial of the case, and the Defendant recognized his mistake, reflects himself, and wants his family to leave his seat. On the other hand, the crime of this case committed by the police officer who was sent after receiving a report from the main place of the crime is not less severe, and the Defendant seems to have a strong violent tendency, and there are many criminal records including the previous criminal records, and there are a number of criminal records in the previous criminal records, and the risk of repeating the crime is considerably high, while the Defendant was under separate trial for the same kind of crime even at the time of the crime of this case, and other various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, and it is not recognized that the sentence imposed by the Defendant 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.