Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and medical treatment and custody) of the lower court is too unreasonable.

2. Determination:

A. The lower court determined that the Defendant was punished by imprisonment with prison labor for two years, etc. by taking full account of the following: (a) the Defendant and the Applicant for Medical Treatment and Custody (hereinafter “Defendant”) were punished once by a fine, and that there was a past record of having been punished more than ten times by a sentence (including once a disposition of medical treatment and custody); (b) the Defendant again committed the instant crime since three months have not elapsed since the execution of the sentence was completed for the same kind of crime; and (c) the Defendant threatened and assaulted the police officer in the course of arresting a flagrant offender; (d) the Defendant’s mistake is against himself; (e) the obstruction of performance of official duties and the crime of bodily injury appears to have been committed in a state where hallucinogenic substances are inhaled; and (e) the Defendant was punished by imprisonment with prison labor for two years.

B. Examining the record in light of the circumstances alleged in the grounds of appeal, the lower court’s sentencing is not unfairly heavy.

The grounds for appeal are without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.