A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The sentencing of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and words before and after the commission of the crime, the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical weakness, it is recognized that the said Defendant had drinking alcohol at the time of the commission of the crime, but there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

B. The Defendant committed the instant crime during the period of repeated crime after the execution of imprisonment was completed by obstructing the performance of official duties, and in particular, the Defendant committed the instant crime during the period of repeated crime after the execution of the sentence was completed by obstructing the performance of official duties.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.