The punishment of the accused shall be determined by a year of imprisonment.

A. At the time of committing the instant crime, the Defendant was suffering from mental illness, such as depression and depression, and was in a state of mental disorder or mental disorder under the influence of alcohol.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. According to the record of the instant case’s determination on the assertion of mental disorder, the Defendant was suffering from mental illness, such as depression, depression, etc., but was recognized as having drinking alcohol, in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant had no or weak ability to discern things or make decisions at the time.

The defendant's mental disorder is not accepted.

B. Examining the Defendant’s health condition on the assertion of unfair sentencing, the form and result of the crime, etc., compared with the sentencing conditions indicated in the instant records and pleadings, the lower court’s sentence against the Defendant is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Standard for sentencing selective imprisonment with prison labor;

1. Since the crime of injury and the crime of obstruction of performance of official duties are in an ordinary competition relationship, it refers to the lower limit of the sentencing guidelines for the crime of serious injury.

2. Type 1: General injury, the scope of recommendations for the crime of injury, shall be the same;