A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The sentence of an unreasonable sentencing (three million won of a fine) by the lower court is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was found to have drunk at the time of the crime of this case, in light of the defendant's reputation, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion on unfair sentencing, the Defendant, prior to the instant crime, was subject to a notification disposition under the Punishment of Minor Offenses Act as a disturbance against the victim’s drinking prior to the instant crime, and raised a complaint against the victim’s legitimate execution of duties, and thus, constitutes the instant crime. In light of the fact that there is a large possibility of criticism, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as family relationship, character and conduct, the sentence of the lower

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.