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

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's drinking at the time of the crime of this case is recognized.

However, in full view of the circumstances such as the background and method leading up to the instant crime, the attitude and behavior before and after the instant crime, and the motive and means of the instant crime, it does not seem that the Defendant was in a state of mental disorder or mental disorder at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. There is no circumstance that the lower court’s determination on the grounds of sentencing is deemed to have exceeded the reasonable limit of discretion or to have maintained it as is, in full view of all the conditions of the pleadings and the records of the instant case, including the Defendant’s age and behavior intelligence environment, motive and means of crime, circumstances after the crime, etc., including the circumstances unfavorable to the Defendant (the crime of violence and obstruction of performance of official duties committed several times, the period of probation has elapsed and two months have passed, and the period of suspension of execution has passed and only two months have passed) and favorable circumstances (the crime of this case has been committed with the victim of obstruction of official business).

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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.