All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) imposed by the prosecutor of the second instance judgment is too unfluent and unreasonable.

B. Defendant 1) Defendant 1’s mental and physical disorder (hereinafter “Defendant 2”) was under the influence of the Defendant at the time of committing the instant crime of interference with performance of official duties and obstruction of performance of official duties, and even when under the influence of alcohol, the lower court did not render a sentence mitigated or not guilty, which erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment. 2) Each sentence (the lower court’s judgment: fine of KRW 3 million, and imprisonment of KRW 200,000 and KRW 1 year) sentenced by the lower court.

2. Determination

A. This court conducted a consolidated hearing of each appeal against the judgment of the court below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

However, the defendant's assertion of mental disorder is still subject to a trial by this court, despite the above reasons for ex officio reversal, and this is examined below.

B. According to the evidence duly adopted and examined by the lower court in its determination on the Defendant’s mental and physical disorder, it is recognized that the Defendant had been treated as an abuse of alcohol in the past, and that the Defendant was in a state of drinking at the time of the instant crime of obstruction of performance of official duties and obstruction of performance of official duties, but there was no ability to discern things

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without a need to decide on the assertion of unfair sentencing by the prosecutor and the defendant, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

(b).