A. Since the victim paid a fine on behalf of the victim, the crime of conflict is not established, since the victim paid the fine on behalf of the victim.

B. Mental and physical disorder (as to interference with business and insult), the Defendant was in a state of mental disorder or mental and physical disability under the influence of alcohol at the time.

C. The first instance sentence of unfair sentencing (ten months of imprisonment, two years of suspended sentence, one year of probation, and 80 hours of community service order) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant threatened the victim E by threatening the victim as stated in paragraph 1 of the first instance judgment can be sufficiently recognized.

The defendant's assertion of mistake is without merit.

B. According to the record as to the assertion of mental disorder, the defendant is deemed to have drinking at the time, but the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

C. As to the assertion on unfair sentencing, the instant case was committed by the victim’s business establishment operating in the past when imposing a fine by care for his failure, and thereby obstructing the business by threatening the victim, thereby obstructing the business by finding the failure in the said business establishment, and by insulting the police officers dispatched to the site.

The first instance court has already determined the punishment in consideration of the conditions favorable to the defendant, and there is no special change or circumstance that can be newly considered in sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unfair.