A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to drinking.

B. The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions, considering the circumstances leading to the crime, the process of execution, and the defendant's behavior before and after the crime of this case.

does not appear.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

B. Recognizing the crime of determining the illegal assertion of sentencing, the fact that the sentencing is against the defendant is favorable to the defendant.

However, in full view of the following circumstances: (a) the crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order; (b) the crime committed during the period of repeated crime; (c) the crime of violence has been subject to criminal punishment several times; and (d) there is no special change in circumstances after the judgment of the court below was rendered; and (e) other circumstances that form the conditions for the sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, 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 is without merit. It is so decided as per Disposition.