A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below, it is recognized that the defendant had already been in a state of drinking alcohol at the time of committing the instant crime.

However, in light of the motive and circumstance leading up to the instant crime, the content of the crime, the statement and behavior of the Defendant during the commission of the crime, and the attitude and statement that the Defendant appeared after the commission of the crime, it cannot be deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's above assertion is not accepted.

B. The fact that the Defendant’s judgment on the assertion of unfair sentencing fully acknowledges the instant crime, the degree of injury to the victim, and the fact that the Defendant did not focus on the force of the police officer on the police officer’s use of force is a circumstance to consider the Defendant’s sentencing.

However, the crime of this case was committed solely on the ground that the victim made an objection against his own act on the ground that the crime of this case was justified on the ground that he committed the crime of this case. However, in light of the motive or behavior patterns, the nature of the crime was very poor, and the defendant's criminal records related to violence are considerably high. In particular, the crime of this case is a crime committed within 2 years after the punishment was imposed for the same kind of crime, and it constitutes a repeated crime. In addition, the crime of this case was committed again while the suspended sentence was sentenced to 8 years of imprisonment with prison labor for the same kind of crime and it was finalized until 2 years of suspended sentence, and the defendant is detained as the crime of this case.