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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 3,000,000) is too unreasonable.
2. Determination on the grounds for appeal
A. Following circumstances acknowledged by the record as to the assertion of mental and physical disorder: (a) the Defendant committed the instant crime in the process of resisting and resisting to the police without being arrested due to the failure to pay a fine; (b) the Defendant was gambling immediately before the instant crime; and (c) the Defendant’s resistance against the police to regulate the gambling site and to board the patrol vehicle. In light of the fact that the Defendant’s physical and mental disorder cannot be deemed to have committed the instant crime under the lack of the ability or decision-making ability to discern things; and (d) the Defendant’s mental and physical disorder assertion is without merit.
B. The defendant can have the power to judge the assertion of unfair sentencing, and there is a need to strictly punish the defendant for the strict enforcement of the law, such as violence, intimidation, etc. against the police officer who has enforced the law, the defendant's assaults the police to avoid the unpaid sanction due to a fine, and assaults the police to avoid the unpaid sanction, etc. The defendant does not have the quality of the crime, and there is no reasonable element or change of circumstances that are more favorable for newly taking into account the sentencing after the decision of the court below was rendered, and other various sentencing conditions specified in the argument of this case are considered to be unfair. Thus, the defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.