A. Although the Defendant did not threaten the victim H, the lower court found the Defendant guilty of this part of the facts charged.

B. In the event that the Defendant, at the time of committing the instant crime of interference with the performance of official duties, was physically and mentally weak due to a polar disorder and drinking, the lower court erred by omitting its judgment.

(c)

It is unfair that the sentence of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the victim H, consistently by the investigative agency, would throw away the Defendant from money if the Defendant had intent to do so to the victim.

reported to the police by intimidation.

In full view of the fact that the victim's statements are consistent with the victim's statements, and that the victim and K are simple, but it is difficult to find any motive for them to make a false statement because they gather the defendant, the defendant can sufficiently recognize the fact of intimidation, such as the facts stated in the judgment of the court below. Thus, the defendant's assertion of mistake is without merit.

B. The court's decision on the assertion of mental or physical weakness contains an error of omission in the judgment, since it does not affect the judgment when it is obvious that the case would be rejected, even if the party's decision did not determine the

According to the evidence duly adopted and investigated by the lower court and the lower court, the Defendant received mental and physical treatment due to a divesive disorder. Although it is recognized that the Defendant was under the influence of alcohol at the time of the crime interfering with the performance of official duties of this case, the Defendant is deemed to have been under the influence of alcohol at the time of the crime, taking full account of the details of the crime committed by the Defendant and the Defendant’s speech and behavior before and after the crime.