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 sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. Although the defendant made a confession of the crime of this case in an unreasonable sentencing, the crime of this case is in profoundly against the defendant, the defendant committed an assault at the police station to an auxiliary police officer who has the right to pay the fare and return home while avoiding the disturbance due to the problem of taxi charge, and the act is not less severe, and the defendant has been punished for the same crime in 2000, and in full view of other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., the punishment imposed by the court below is unreasonable, and this part of the defendant's assertion is also without merit.

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.