The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time of the instant case, the Defendant claimed mental disorder was in a state of mental disorder or mental disability under the influence of alcohol.

The sentence of the court below against the defendant claiming unfair sentencing (ten months of imprisonment) is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a considerable amount of drinking alcohol at the time of the instant case, but in light of all circumstances such as the process and method of the crime, and the defendant's specific behavior attitude before and after the crime, the court below did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Although it does not seem to have reached a state of or weakness, even if the defendant committed the instant crime under the state of mental and physical disorder under the influence of alcohol, it may not be reduced or exempted due to mental and physical disorder under Article 10(3) of the Criminal Act, since it caused a person's mental and physical disorder although the risk of the instant crime was predicted or foreseeable.

In light of the favorable circumstances such as the Defendant’s wrong judgment on the assertion of unfair sentencing, and the victim D does not want punishment against the Defendant, the Defendant has a number of identical criminal records, and in particular, the Defendant committed each of the crimes of this case during the same period of suspension of execution, in light of the mode of obstruction of business and the degree of assault and threat of police officers, and other factors on the records and arguments of this case, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be heavy.

In conclusion, 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.