The defendant's appeal is dismissed.

1. Of the facts charged, the lower court dismissed the prosecution on the charge of assault, and sentenced the remainder of the facts charged.

However, the defendant stated in the petition of appeal that he filed an appeal against the judgment of conviction of the court below, and the reason for appeal is limited to the allegations of mental and physical weakness and unfair sentencing as to the conviction part. Therefore, the dismissal part of the

Therefore, it should be excluded from the object of this Court's judgment, and it should be judged only on the conviction among the judgment below.

2. Summary of reasons for appeal;

A. The Defendant had mental and physical weakness by drinking alcohol at the time of committing the instant crime of interfering with the performance of official duties.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

3. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, the defendant is deemed to have been under the influence of alcohol at the time of committing the instant crime and obstructing the performance of official duties, and in light of various circumstances, such as the details and process leading to each of the instant crimes, and the Defendant’s act on the day of committing the instant crime in the police investigation, and the degree of his act on the day of committing the instant crime, etc., it does not seem to have reached a state where the Defendant had the ability to discern things or make decisions due to drinking at the

Even if the Defendant had weak ability to discern things or make decisions at the time of each of the above crimes due to alcohol dependence, depression disorder, etc., the Defendant’s physical and mental weakness cannot be recognized for the following reasons.

In other words, Article 10 (3) of the Criminal Code provides that the act of a person who predicted the occurrence of danger and caused his mental disorder is not subject to the preceding two provisions.