A. From among the crimes of this case involving mental disorder, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against drivers, etc.), obstruction of performance of official duties, injury, and damage to public goods committed by

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of committing the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, obstruction of performance of official duties, injury to public property, and damage to public property of this case. However, in light of the circumstances leading to the crime, method of the crime, the time of the crime, and the situation before and after it, the defendant did not have the ability

It does not seem to have reached a state of or weakness.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the Defendant made a confession of the instant crime and recognized his mistake, and that C, the victim of the instant crime against the Act on the Aggravated Punishment, etc. of Specific Crimes, expressed his/her intent not to have the Defendant punished.

However, since the crime of assaulting the driver of a vehicle in operation constitutes a very dangerous act that is beyond the infringement of legal interests of the victim and is likely to cause damage to the unspecified number of people, it is necessary to strictly punish it. Moreover, in order to establish the state's legal order and to eradicate the light of public authority, it is also necessary to severely punish the crime of obstruction of performance of official duties, and the defendant has already been punished four times as a crime of violation of the Act on the Control of Narcotics, Etc. before the crime in this case.