The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disorder due to alcohol addiction.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime.

그러나 피고인이 이 사건 당시 경찰공무원에게 자신이 요구호자의 친삼촌이라고 말하며 보호자로 동행한 점, 피고인이 정복을 입은 경찰관들에게 “짭새새끼야”라고 말하여 폭행의 상대방이 경찰관인 사실을 인지하고 있었던 점 등(증거목록 순번 2 수사보고 및 순번 3 진술조서 등 참조)의 이 사건 범행 발생 경위와 범행의 수단과 방법, 범행 후의 정황 등에 비추어 볼 때 피고인이 당시 음주로 인하여 사물의 옳고 그름을 가리거나 의사를 결정할 능력이 없었다

It does not seem that there has been any or weak state.

Even if the defendant was in a state of mental disorder, the risk that may occur after drinking was predicted in advance and the defendant's behavior at the time, considering the past criminal records of the defendant and the defendant's behavior at the time, constitutes "free act in the cause" under Article 10 (3) of the Criminal Act.

Therefore, the defendant's assertion of mental disorder is without merit.

B. It is reasonable to respect the assertion of unfair sentencing in cases where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court is the type of force used by the Defendant, rather than the Defendant’s health condition.