공무집행방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking at the time of committing the instant crime.
2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination 1) According to the records on the assertion of mental disorder, the Defendant is found to have been under the influence of alcohol at the time of each of the instant crimes, but in light of the developments leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in the state of having no or weak ability to discern things or make decisions.
It does not seem that it does not appear.
Therefore, this part of the defendant's assertion is rejected.
2) The lower court sentenced ten months of imprisonment, taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and the sentencing guidelines of the Supreme Court’s sentencing committee (a period of six months to one year and six months) / [the scope of recommended punishment] the basic area (a period of six months to one year and six months) of the first type of interference with the performance of official duties (a period of six months to one year and six months) (a person who is subject to special sentencing) (a person who is subject to special sentencing).
In full view of the facts that are the conditions for sentencing in the trial, in particular, even though the sentence was imposed for the same kind of crime, the fact that the instant crime was committed again during the period of suspended execution due to violent crimes, the sentences, and the sentencing guidelines, the judgment of the court below exceeded the reasonable scope of discretion.
There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, the sentence of the court below is proper and too unreasonable.
Therefore, we cannot accept this part of the defendant's assertion.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.