The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, who argued for misunderstanding of facts, made a little speech to him/her while driving a new job, the Defendant did not wish the victim I to do so.

Nevertheless, the judgment of the court below which found the Defendant guilty of insult among the facts charged of this case is erroneous in the misapprehension of facts.

B. At the time of claiming mental and physical weakness, the Defendant was in a state of mental and physical weakness under the influence of alcohol.

(c)

The punishment of the lower court (one million won in penalty) is too unreasonable because it is too unreasonable to regard the sentencing.

2. Determination

A. According to the evidence duly adopted and examined in the court below's judgment as to the assertion of mistake of facts, and in particular, according to the witness I's legal statement in the court below, the insult of the facts charged in this case can be sufficiently recognized, and otherwise, the court below erred by misapprehending the facts based on non-

shall not be deemed to exist.

B. According to the record of the determination on the assertion of mental and physical weakness, even though the defendant was deemed to have served alcohol at the time, in light of the circumstances of the crime, means and methods, and the circumstances, etc., the defendant was in a state where the defendant lacks the ability to perceive the right and wrong of things or make decisions due to drinking.

It does not appear.

(c)

The lower court appears to have determined the punishment in consideration of all the following circumstances, and there is no change in circumstances in the past.

In addition, when considering various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, the environment, etc., the sentence of the court below is too unreasonable.

The Defendant, even before the instant case, has a record of criminal punishment over about 15 times.

In the course of the defendant's criminal offense, the insult against the police officer who duly executes public authority is not good and the victim is also punished for the defendant.

On the other hand, the victim G want to punish the defendant in the court below.