A. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime, Defendant’s behavior or attitude before and after the instant crime, which is acknowledged by the evidence duly examined in the lower court’s judgment as to the assertion of mental and physical disorder, it is recognized that the Defendant was the principal offender at the time of the instant crime, but did not have the ability to discern things or make a decision by drinking.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. Considering the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s sentence is too unreasonable, even if there is no change in circumstances that may consider the sentencing after the lower court’s judgment on the assertion of unfair sentencing, and all the circumstances, such as the degree of assault in the crime of obstruction of performance of official duties, and the degree of assault, etc., as indicated in the records

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.