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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in facts, did not assault the victim or interfere with the performance of official duties.
B. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each of the instant crimes.
(c)
The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the above assertion is rejected, since the defendant has sufficiently recognized the facts that the defendant assaulted the victim D as stated in the facts constituting an offense, and that he assaulted the police officer H to interfere with the performance of official duties.
B. According to the records on the assertion of mental disorder, even though the defendant was under alcohol at the time of each of the crimes in this case, it cannot be seen that the defendant's ability to discern things or make decisions was weak. Thus, the above assertion is rejected.
(c)
Although there are extenuating circumstances, such as the fact that the degree of assault in this case’s case’s argument about sentencing is relatively minor, and that the Defendant appears to have committed each of the crimes in this case by contingency under the influence of alcohol, the obstruction of performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order. The Defendant committed each of the crimes in this case even though he had been punished several times in the same kind of violence, obstruction of performance of official duties, even though he had the record of being punished several times, such as the fact that the Defendant committed each of the crimes in this case, the fact that the Defendant did not recover from damage, and other unfavorable circumstances such as the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is unreasonable, and thus, it is not acceptable
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.