공무집행방해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.
B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking condition at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime of this case, and the circumstances after the crime, etc., the court below had no or weak ability to discern things or make decisions.
Therefore, we cannot accept the defendant's above assertion.
B. Examining the following circumstances: (a) the Defendant committed the instant crime without being among the persons during the period of the stay of imprisonment due to the instant crime; (b) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered; and (c) other circumstances that form the conditions of sentencing as shown in the records and pleadings, including the Defendant’s age, sex, environment, motive and circumstances of the crime, means and consequence, and the circumstances after the crime was committed, the lower court’s sentencing is determined within the reasonable and appropriate scope; and (b) it is not deemed unfair due to excessive neglect
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.