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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. 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 a drinking alcohol at the time of the crime in this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant seems to have a lack or weak ability to discern things due to drinking, and thus, the above assertion by the defendant cannot be accepted.
B. It is recognized that circumstances such as the Defendant’s confession of the instant crime and reflects the wrongness of the Defendant, the degree of violence that the Defendant used to police officers do not seem to have much weighted, and the Defendant’s health status is relatively insufficient.
However, the crime of this case was committed by a police officer who was dispatched after having received a report that the defendant avoided a disturbance under the influence of alcohol in order to prevent the defendant from causing a defect in the act of disturbing drinking, and the quality of such crime is not very good. In order to establish the national legal order and to eradicate the light of public authority, there is a need to punish the act of obstructing the performance of official duties. On June 24, 201, the defendant was sentenced to imprisonment for three years due to a special robbery at Busan District Court on April 24, 201, and was sentenced to criminal punishment four times, and the crime of this case was committed during the period of repeated offense, other various sentencing conditions such as the defendant's age, character and conduct, background leading to the crime, method and method of the crime, and circumstances after the crime are considered.