beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the record as to the claim of mental disability, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in light of various circumstances, such as the circumstance, means, the behavior of the defendant before and after the crime of this case, and the fact that the defendant makes a statement to a certain extent of memory.
B. As to the assertion on unfair sentencing, each of the instant crimes interferes with a bar business by interfering with the Defendant’s disturbance, such as inflicting injury upon the victims requesting a prior payment of the drinking value, or destroying the collection body therefrom, and obstructed the performance of official duties by destroying the flags of the police officer dispatched upon receiving a report, etc. In order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance of official duties. In full view of the following factors: (a) there is a number of records of punishment for the same type of crime; and (b) other factors such as the sentencing conditions as the Defendant’s age, character and behavior, family environment, the background of the instant crime, and the circumstances before and after the instant crime, etc., even if considering the sentencing factors asserted by the Defendant, the lower court’s punishment is unreasonable by taking account of the factors as alleged by the Defendant.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.