업무방해등
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal 1) With respect to interference with the business of the decision of the court below as to the mistake of facts, the defendant took a bath in the form of a mixed-form form under the influence of alcohol at the time, and the victim misleads himself as an aggressive act, and there was no assault, such as taking a bath to a police officer, although he took a bath in relation to the obstruction of the performance of official duties in the decision of the court below.
2) At the time of committing the instant crime, the Defendant was physically and mentally weak.
3) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination 1) The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts: (i) The defendant, although all the facts charged at the court below was led to the confession of all the facts charged at the court below, reversed it without any justifiable reason and denied all the facts charged; (ii) the contents of the prosecutor's statement at H, G, and police's statement at H, D, and I are consistent with each other and specific; and (iii) the defendant interfered with the victim D's business by failing to perform his/her duties by assaulting the police officer G, and sufficiently recognize the fact that he/she interfered with the execution of duties by assaulting the police officer G.
Therefore, the defendant's assertion of facts is without merit.
2) According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant could recognize the fact of drinking at the time of the instant crime. However, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, circumstances after the instant crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to mental and physical disorder at the time.
Therefore, the defendant's mental and physical weak argument is without merit.
3) The lower court’s judgment on the wrongful assertion of sentencing is disadvantageous to the Defendant.