The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant 1) While under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental or physical disability or mental disorder. 2) The lower court’s sentencing (a fine of KRW 5 million) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, in light of the circumstances revealed in the records, such as the background leading up to the crime, details of the crime, and the Defendant’s behavior before and after the crime, the Defendant had the ability to discern things and make decisions at the time of committing the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

3. We also examine the defendant and prosecutor's argument on the argument of unfair sentencing by the defendant and prosecutor.

The fact that the defendant's mistakes against the police officer F and restaurant G, and that he want to take the defendant's seat is favorable to the defendant.

On the other hand, however, the scope of the sentencing guidelines falls between six months and one year and four months (basic punishment). The crime of obstruction of the performance of official duties of the State or public institutions is a crime whose protected legal interest is the State's or public institution's official duties, and the reason why the police officer or the pertinent business owner wants to take the Defendant's seat does not constitute a direct reason for the sentencing of this case. The defendant again committed the crime of this case during the repeated period after the completion of all the criminal facts below, and the defendant was arrested by the crime of this case and the police station after he was arrested by the crime of this case, and it was difficult for the defendant to escape from disturbance, and the defendant was already arrested by the crime of this case, three times of the obstruction of the performance of official duties of the State or public institution.