A. Defendant 1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a weak state with the ability to discern things or make decisions.

Although the defendant does not assert any mental or physical weakness as a separate claim, it shall not be limited to 2-D of the Reasons for Appeal submitted by the defense counsel.

As stated in subsection (1) “The fact that this case was committed under the influence of physical and mental weakness,” it shall be deemed to have asserted mental and physical weakness.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s argument of mental and physical weakness, even though the Defendant was aware that he had drinking alcohol at the time of each of the instant crimes, considering the following circumstances, such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the content of the statement to the investigation agency, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime.

B. We examine both the Defendant and the prosecutor’s wrongful argument about sentencing.

The circumstances are favorable to the defendant, such as the fact that the defendant led to a confession of the crime in the course of the trial, and later his mistake is divided, and that there was an agreement with the victim of the crime of obstructing the business of this case and the victim of the assault, and that they did not want the punishment of the defendant.

On the other hand, the defendant committed each of the crimes of this case in which he once again exercises the force of punishment due to violent crime five times. Among the crimes of this case, the crime of obstructing the performance of official duties in the crime of this case was poor, such as the defendant's breathing of the police officer wearing her uniforms, and displaying drinking, etc., and the defendant was under trial in the court below. < Amended by Act No. 1405, Mar. 20, 2017