However, since only the defendant appealed against this, the dismissed part was separated and confirmed as it is, and it was excluded from the scope of the judgment of this court.

In the end, the scope of the trial shall be limited to the conviction of the original judgment.

Summary of Grounds for Appeal

The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing each of the instant crimes.

The imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

According to the records of the judgment on the assertion of mental disorder, although the defendant was aware of drinking alcohol at the time of the crime in this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant cannot be deemed to have had the ability or decision-making ability to discern things due to drinking at the time of the crime in this case. Thus, this part of the defendant's assertion is without merit.

There are circumstances to consider the Defendant’s confession of the instant crime, the Defendant’s health is not good, and the Defendant deposited KRW 1 million for the police officer related to the instant crime of obstruction of performance of official duties in the trial.

However, in order to eliminate the rumor of the legitimate public authority and establish the legal order, it is necessary to strictly punish the crimes of obstruction of the performance of official duties such as this case, and the defendant has been punished three times the suspended sentence including the past punished twice the suspended sentence for the crimes of obstruction of the performance of official duties.