A. The Defendants of mental and physical disorder was in the state of mental disorder or mental state of mental disability by drinking in the instant case.

B. The sentence imposed by the lower court on the Defendants (the Defendant A’s imprisonment, the suspended sentence of two years, the Defendant B’s fine of 5,00,000 won) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, even though the Defendants were aware that they were drinking at the time of the crime of this case, the Defendants did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the following: (a) the Defendants’ level of food, the background leading up to the crime, the means and methods of the crime, and the circumstances after the crime.

Inasmuch as the Defendants did not seem to have suffered any or weak state, the Defendants’ above assertion of mental or physical disability is rejected.

B. 1) Determination on the argument of unfair sentencing is that Defendant A made confession of the instant crime and reflects his mistake in light of the circumstances favorable to the Defendant, or that the Defendant committed assault against several police officers, and that it is not good that the Defendant took a bath to the police officers performing official duties by putting in uniform, and that the Defendant has a record of having received a fine once for violent crimes, and that there is a record of having been suspended for a double crime, etc., which are disadvantageous to the Defendant. In full view of the circumstances and motive leading up to the instant crime and other circumstances, including the above circumstances and motive leading up to the instant crime, the circumstances after the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and all other circumstances that form the conditions for sentencing as shown in the records and arguments, the Defendant’s allegation of unfair sentencing is not acceptable. 2) As such, the Defendant B led to the instant crime and led the Defendant to a confession of the instant crime.