A defendant shall be punished by imprisonment for one year.

A. In relation to the crime No. 3 of the judgment of the court below, the defendant was in a state of mental disability under the influence of alcohol.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the detailed contents of the crime of obstruction of performance of official duties committed by the Defendant on April 29, 2016, and various circumstances, such as the Defendant’s speech and behavior before and after the crime committed at the time of the crime, the lower court’s judgment as to the claim of mental retardation is recognized by the evidence duly admitted and investigated by the lower court, and thus, it is not recognized that the Defendant was under the influence of alcohol at the time of the crime, but the Defendant did not have the ability

B. We examine the argument of unfair sentencing, and there is a history of having been punished several times for violent crimes, as well as the fact that the defendant committed each of the crimes of this case at another time without being aware of it during the period of repeated crime, and assault or intimidation of public officials performing legitimate official duties, etc. However, considering the fact that the defendant led to the confession of and reflects the wrong nature of the crime, there is no criminal record of obstruction of performance of official duties, the defendant's age, career, character and behavior, environment, motive and method of each of the crimes of this case, motive and method of the crimes of this case, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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 reasonable, and the following decision is rendered after pleading

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment below.