The sentence (700,000 won) imposed by the court below against the defendant is too unreasonable.

Judgment

According to the records of mental and physical loss or mental weakness, even though the Defendant was aware that he had drinking alcohol at the time of committing the instant crime (Evidence No. 21 of the evidence record), in light of the background leading up to the Defendant to committing the instant crime, the method of committing the instant crime, and the circumstances thereafter, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions at the time of committing the instant crime, and thus, the Defendant’s mental and physical loss or mental weakness claim is rejected.

The crime of this case committed unfairly in sentencing is a normal condition against the defendant, such as the insult of the victim, who is the police officer dispatched by the defendant after being reported 112, and the nature of the crime is not good, the fact that there is no agreement with the victim, and the fact that there was a record of punishment for the same crime.

However, the fact that the defendant reflects the crime of this case is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.