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The defendant's appeal is dismissed.
Reasons
The Defendant was in a state of mental disorder by drinking alcohol at the time of committing the instant crime.
The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.
Judgment
According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have performed alcohol at the time of each of the crimes of this case, but on the other hand, in light of various circumstances such as the circumstances of each of the crimes of this case, the means, and the defendant's behavior before and after each of the crimes of this case, it cannot be deemed that the defendant had no or weak ability to discern things at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.
The Defendant’s confession of the instant crime, and the agreement was submitted to the lower court by mutual agreement with the victim E, but the crime of obstructing the performance of official duties is deemed to require strict punishment as an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and the Defendant’s history of having been punished as a crime of the same kind of violence is not significant, and the Defendant committed the instant crime without being during the period of suspension of execution, and otherwise, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.
The circumstances to be assessed or the fact that there are no new data that were presented in the course of the deliberation and sentencing of the political party (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The scope of the balancing of recommendations according to the sentencing guidelines established by the Sentencing Committee (Interference with the performance of official duties): The group of crimes obstructing the performance of official duties; the group of crimes obstructing the performance of official duties; the group of crimes obstructing the performance of official duties; the group of crimes obstructing the performance of official duties; the group of crimes obstructing the performance of official duties; the decision in the sphere of recommendation (basic area); the scope of the sentence of recommendation (from June to April 1): the crimes obstructing the performance of official duties; and the crimes obstructing the performance of official duties.