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The defendant's appeal is dismissed.
Reasons
1. Grounds for appeal;
A. Since the defendant with mental disorder committed the crime of this case under the condition that he is unable to discern things or make decisions due to the mental disorder under the influence of alcohol, he committed the crime of this case, there is an error of misunderstanding of legal principles in the judgment of the court of original judgment which judged differently
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, the Defendant’s allegation is rejected.
B. As to the assertion on unfair sentencing, the act of taking the police officers’ desire and failure to enforce the public authority, such as the instant crime, upon the judgment on the assertion on unfair sentencing, affects the police officers’ duties protecting the peace and safety of citizens, and the damage therefrom eventually leads to the citizens who are in need of strict punishment. The Defendant has five or more records of punishment for obstruction of performance of official duties, etc., and the records of the crime related to non-related violence are also 14 times or more, and the Defendant was sentenced to more than 14 times. On September 27, 2012, the Defendant was sentenced to the punishment of Violence, etc. (collective, deadly weapons, etc.) in the Suwon District Court Sejong District Court on the ground of the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Suwon District Court on June 5, 2012, and was sentenced to the suspension of the execution, and the Defendant did not do the instant crime without any specific reasons, despite having access to the police officers dispatched after receiving a report by other persons.