The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of five hundred thousand won.

Defendant.

1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the Defendant’s assault against the Victim C, and convicted each of the remaining facts charged, and appealed against the guilty portion.

Therefore, since the part of the judgment of the court below against which the defendant and the prosecutor did not appeal becomes final and conclusive, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal 1) The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental or physical weakness or loss.

2) The sentence of the lower court (one year of imprisonment, a fine of KRW 500,00) that was unfair in sentencing is too unreasonable.

3. Determination 1) According to the records of the instant case’s assertion of mental disorder, the Defendant was under the influence of alcohol at the time of committing each of the instant crimes, but in light of the developments leading up to the crime, the means and method of committing the crime, and the circumstances after committing the crime, etc., the Defendant had no or weak ability to discern things at the time and make decisions.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

2) The following points for determining the unfair argument of sentencing are the circumstances unfavorable to the Defendant.

In order to establish the law and order of the state and eradicate the spirit of the public authority, crimes that interfere with the execution of public duties need to be punished strictly.

Each of the crimes of this case is a case in which the defendant, while under the influence of alcohol, exercises violence against police officers, owners of restaurants, and employees and insults without any special reason, and is not good in light of the method of the crime.

The Defendant was investigated by the investigative agency on December 10, 2016 on the obstruction and insult of the performance of official duties by the Defendant and committed the crimes of special injury and interference with the performance of official duties again on January 22, 2017.

On the other hand, the following points are the defendant.