공무집행방해등
The defendant's appeal is dismissed.
1. The remainder of the crime except for the crime without accusation of the gist of the grounds for appeal is a crime committed in a state of mental disorder by the defendant under the influence of alcohol at the time of the case. Therefore, the court below's decision without considering this is erroneous in the misunderstanding of facts or violation of Acts and subordinate statutes, and even if not, the court below's sentencing is too unreasonable.
2. First of all, the determination of mental disability is based on the fact that the defendant was in a state of drinking, but it is not deemed that the defendant had no or weak ability to discern things or make decisions. Therefore, the above mistake of fact is without merit.
Next, considering the argument of unfair sentencing, the defendant committed the crime of this case during the period of repeated crime even though he was punished several times for the same kind of crime, the crime of obstruction of performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, the defendant's motive and circumstance of the crime of this case, circumstances after the crime was committed, defendant's age, character and conduct, and environment, and various circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, defendant's age, character and behavior, and environment, the sentencing of the court below is reasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.