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

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of the allegation of mental disorder, the defendant is recognized to have provided a little alcohol at the time of committing the instant crime.

However, in light of various circumstances acknowledged by the evidence examined by the court below, such as the circumstance leading up to the crime, the means and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to influence of drinking at the time of the crime

It does not seem that there was any or weak state.

The defendant's mental disorder is without merit.

B. The favorable circumstances are that the defendant's decision on the assertion of unfair sentencing is able to not repeat the act of drinking and not repeat the act of drinking once the defendant is released from the court at this time.

However, even though the defendant had been punished due to the act of violence, obstruction of performance of official duties, damage to public goods, obstruction of business, etc., he again committed the crime of this case.

In addition, the crime was committed within the repeated period of three months after the release.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the sentence of the lower court is not considered to be too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.