A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. The crime of the crime of the crime of the crime of the crime of the unjust sentencing is an unfavorable circumstance to the Defendant, inasmuch as the Defendant, under the influence of alcohol, obstructed the victim’s musical business by spiting down, cutting down the spit, etc., and assaulted the police officer H, who was dispatched after receiving a subsequent report, and the act is not against the law. The Defendant was sentenced to a suspended sentence of two years for the crime of obstruction of performance of official duties in October 2009, and the Defendant was sentenced to a suspended sentence of two years for the crime of obstruction of performance of official duties in 209, and was punished by a fine of five hundred

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the instant crime was committed in a contingent manner; (c) the degree of damage was not significant; and (d) the police officer deposited KRW 500,000 in the name of the victim H when the Defendant agreed with the victim D in the lower court; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.