The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case is committed under the state that the defendant committed the crime of this case under the influence of alcohol and lacks the ability to discern things or make decisions.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, method of crime, circumstances before and after the instant crime, Defendant’s speech and behavior at the time, etc., the Defendant cannot be deemed to have committed a crime under the lack of the ability to discern things or make decisions. Thus, the Defendant’s assertion of mental and physical disability is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of obstruction of performance of official duties needs to be avoided legitimate exercise of public authority and be strict as an act that undermines the function of the State’s legal order.

In full view of the circumstances favorable to the defendant (the fact that the defendant was recognized as a criminal act in the first instance, the degree of the exercise of tangible force is not severe), unfavorable circumstances (the crime of this case is that the defendant was dispatched to the police officer who is dealing with the case after receiving the report of the defendant's act of disturbing drinking, and the nature of the crime is bad, and the defendant committed the crime during the period of the same repeated offense, and the defendant had a record of being subject to about 30 times criminal punishment, including that he was subject to six times criminal punishment due to obstruction of performance of official duties), and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as age, character and behavior, environment, background, method of the crime, method of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.