A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

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

B. The lower court’s punishment (two years of imprisonment, four years of suspended execution, community service, 200 hours of imprisonment) is too heavy in consideration of various circumstances on the Defendant’s assertion of unreasonable sentencing.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, although it is recognized that the defendant had a drinking condition at the time of the crime of this case, considering all the circumstances such as the background leading up to the crime of this case, the attitude and behavior before and after the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant was under the influence of alcohol at the time of the crime of this case, and there is no or weak ability to discern things or make decisions, the above argument of the

B. The instant crime on the assertion of unfair sentencing is a case involving a police officer dispatched by the Defendant upon receiving a report of domestic violence by exercising violence and obstructing his/her legitimate execution of duties, which is a dangerous object, and the nature of the crime is not good in light of the circumstances of the crime, the means and methods of the crime, etc.

Although the Defendant has been punished several times for a crime related to violence (eight times for a fine), it is necessary to strictly punish the Defendant even in order to realize awareness of the above crime, considering that he/she has lost his/her ability to control by drinking alcohol with violent inclinations.

However, in full view of the following facts: (a) the Defendant recognized his mistake and tried not to repeat again while in depth; (b) the police officers submitted an application for a brupting the Defendant; (c) the Defendant has no criminal history exceeding fines; (d) the Defendant has to support his wife and her children; (c) the Defendant is the most likely to support her wife and her children; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment