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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the status of lack of judgment as a person with a mental disability of grade 2 with a disability, the Defendant was in a state of lacking ability to discern or make a decision on a drinking-free thing at the time.
B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of various circumstances such as the background and means of the instant crime, the behavior of the Defendant before and after the instant crime, and the fact that the Defendant makes a statement about the process of the instant crime, it is deemed that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime. Therefore, this part of the Defendant’s assertion is without merit.
B. As to the assertion on unfair sentencing, the lower court already determined a punishment by fully considering the favorable circumstances for the Defendant, and there is no change in circumstances that would differ from the lower court’s judgment and the punishment, the Defendant has been punished several times due to violent crimes, the Defendant was sentenced to imprisonment on November 9, 201 and completed the execution of the sentence on January 25, 2013. The Defendant committed each of the instant crimes on February 6 and 8, 2013, which has not yet been until now passed, and the violation of the Railroad Safety Act among the instant crimes was committed on February 6, 2013. In full view of the fact that each of the instant crimes was investigated by obstruction of performance of official duties and all other matters concerning the sentencing specified in the records and arguments of this case, it cannot be deemed that the sentence of the lower court is too unreasonable. Therefore, this part of the Defendant’s assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.