The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively, and appealed regarding only the guilty portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical weakness which lacks the ability to discern things or make decisions under the influence of alcohol.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

3. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical weakness, it is found that the defendant had drank alcohol to a certain extent at the time of the crime of this case, but in full view of various circumstances such as the background of the crime of this case, the details of the crime, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things at the time of the crime of this case, and therefore, the above argument

B. The instant crime of determining the illegality of sentencing is deemed to have committed an act of assaulting a police officer who performs legitimate performance of duties by the Defendant, harming a police officer’s character, or harming a police officer’s sexual harassment, or destroying public goods within a district, and the nature of such crime is not good.

However, there is a risk of drinking at issue as a result of the prior examination (AUD IT) on alcohol use, that the defendant is led to a crime, that there is no substantial value of damaged public goods, that the defendant has no criminal history other than punishment once by a fine, and that there is a risk of drinking at issue.

It was determined that the instant crime was committed under the influence of drinking, and it was also committed.