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

B. In light of the fact that the criminal defendant committed the crime of this case, the victims are not subject to the punishment of the defendant, and there are family members to support the defendant, the punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and method of each of the instant crimes, the method and method of each of the instant crimes, the circumstances at the time of each of the instant crimes, and the Defendant’s speech and behavior, etc., the Defendant had the ability to discern things or make decisions due to drinking at the time of each of the instant crimes.

It does not appear.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of committing each of the instant crimes.

In light of the fact that the Defendant had been punished for committing a crime related to violence under the influence of alcohol several times prior to each of the instant crimes, the Defendant predicted the risk of the crime of violence, etc. that may occur after drinking, and was found to lack the mental and physical weakness.

Therefore, the above act by the defendant as above constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, the mental and physical weakness cannot be mitigated.

Therefore, the defendant's mental disorder is not accepted.

B. Considering the circumstance of the Defendant’s assertion of the determination of the illegality of sentencing and the fact that the victimized police officers submitted a written application not to punish the Defendant, the Defendant is more than 20 times the period of punishment for violent crimes, 20 times the repeated crime period due to the same crime, 3. Each of the instant crimes is very poor in light of its circumstances and contents, etc., and 4. Interference with the execution of official duties is established under the public authority and legal order.