The judgment below

The part of the second crime (influence) in the judgment shall be reversed.

As to the crime No. 2 of the judgment (influence) the defendant.

1. Summary of grounds for appeal;

A. At the time of committing a crime with mental and physical weakness as to the first crime (Interference with the performance of official duties) in the holding, there was a mental and physical weakness under the influence of alcohol.

B. The Defendant, as to the crime No. 2 of the holding, was only able to take a bath as a mixed language, and cannot be seen as an insult.

(c)

The punishment of the lower court (two months of imprisonment with prison labor for the crime No. 1 in the holding and two months of imprisonment with prison labor for the crime No. 1 in the holding) is too unreasonable.

2. Determination as to the crime No. 1 (Interference with Execution of Official Duties) in the judgment

A. It is recognized that the Defendant was under the influence of alcohol at the time of committing a crime interfering with the performance of official duties.

However, in light of the background and method of the crime, and the attitude of the defendant before and after the crime, it was found that the defendant did not have the weak ability to discern things and make decisions due to drinking.

It is reasonable to view it.

The defendant's mental and physical weak argument cannot be accepted.

B. It is desirable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing, and the lower court’s sentencing does not deviate from the scope of reasonable discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant did not lead to a serious result of the Defendant’s crime.

The defendant recognized his mistake and needs medical treatment due to the existence of alcohol.

The crime No. 1 of the ruling must take into account the equality between the case and the case of a special injury for which a judgment has become final and conclusive.

However, the defendant committed violence to the fire fighters dispatched to assist in the 119 report.

It is not good that the crime is committed in light of the background of the crime, the attitude of the fire officer who is dispatched after being reported to the 119, the degree of force of the use, etc.

The defendant has been convicted of violating the Act on the Punishment of Violences, etc., such as drinking and driving without a license, damage of property, and violence.

The court below held.