A. The Defendant was suffering from depression at the time of the instant crime, and was in a state of mental and physical weakness under the influence of alcohol.

B. The punishment of the lower court (one year of imprisonment and confiscation) is too unreasonable.

2. According to the records on the assertion of mental and physical weakness, although the defendant was suffering from depression at the time of committing the instant crime, it is recognized that he was in a state of drinking, in light of various circumstances, such as the background leading up to the instant crime, the means and method of committing the instant crime, the process of committing the crime, and the defendant's behavior before and after the instant crime, it is not deemed that the defendant lacks the ability to discern things or make decisions, and thus, the above assertion by the defendant cannot be accepted.

3. The Defendant recognized and opposed to the instant crime in determining the wrongful assertion of sentencing.

At the time of committing the instant crime, the Defendant did not reach the physical and mental weakness, but was in a psychological unstable state due to depression and state employment, seems to have had a significant impact on the instant crime.

The defendant is supporting the defendant by living together with the elderly's mother who has inconvenience in body, and the defendant's leader shows his intent to protect the defendant, and the defendant's wife is wanting to do so.

However, the Defendant attempted to spawn gasoline in the police station and spawn the Defendant’s hand in the process of suppressing the Defendant.

The defendant has been punished three times due to the obstruction of the performance of official duties (two times a punishment, one time a suspended sentence), and has a record of being sentenced one time as a crime of damaging special public goods.

In addition, the defendant's character and behavior, environment, circumstances and result of the crime, circumstances after the crime, the sentencing guidelines of the Supreme Court [the scope of recommendations] are as follows. The aggravated area (1 to 4 years) (1 to 4 years) is as follows.