A. In the event of the instant crime, the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of the instant crime.

B. The lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental or physical disability or mental disability, the police officers who were dispatched after receiving the report 112 at the time of this case were able to wear a police uniform and wear a camping boom, the Defendant, under the influence of alcohol in the stand, was moving out of three strings due to the Defendant’s desire for other customers, and the police officers continued to move back into the strings, and the Defendant said that the police officers, while leaving the strings, could use the strings.” The Defendant said that the police officers were able to use the strings, and the Defendant was able to recognize that the police officers were able to go to the police officers, stating that the Defendant “Idddddd off.”

In light of these circumstances, it is determined that the defendant was fully aware that the other party was a police officer at the time of the crime of this case.

In light of the above Defendant’s behavior, the motive, background, means, and method of the instant crime, etc., it does not appear that the Defendant did not have an ability to discern things or make decisions under the influence of alcohol at the time of the crime.

Therefore, the defendant's defectiveness or mental disability argument is not accepted.

B. The Defendant appears to have the attitude of acknowledging and opposing the instant crime.

On the other hand, the defendant has been punished twice for the same crime as this case, and there are records of being punished several times due to obstruction of business, assault, injury, etc., and the defendant was sentenced to imprisonment for six months for the crime of assault in 2017 and was sentenced to two years of probation, and insult during the period of probation.