The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the crime, and was in a state of having lost the ability to discern things or make decisions, or of weak ability to do so.

B. The sentence imposed by the lower court (one month of imprisonment and a fine of six hundred thousand won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant was found to have been under the influence of alcohol at the time of committing the instant crime. However, in light of the background, means, methods, and the defendant’s behavior before and after the instant crime, etc., it cannot be deemed that the defendant was under the influence of alcohol at the time of committing the instant crime, or lacks the ability to discern things or make decisions.

The defendant's argument about mental disorder shall not be accepted.

B. The fact that the Defendant recognized the facts charged and reflected the wrong determination on the assertion of unfair sentencing is favorable to the Defendant.

On the other hand, each of the crimes of this case is not very good in light of the form of act, etc., and the defendant has already been investigated or punished several times of violence, and at the time of the crime of this case, even though he had been in existence of the suspended period due to the obstruction of performance of official duties, he again committed the crime of this case without being aware of it, and is disadvantageous to the defendant.

In full view of the various circumstances, including the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing cannot be accepted.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.