A. Not tearing clothes for factual misunderstanding.

However, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the judgment.

B. In the misapprehension of the legal principle, the Defendant was confined in a cooling room for 4 days, and the operation of metal protection units, etc. was restricted, and the remaining clothes with considerable inconvenience are teared.

Since the defendant's act was committed in the intent to give inconvenience to the state where the freedom of the body is restricted, illegality is excluded as it constitutes a legitimate act or a legitimate defense.

However, the judgment of the court below which found guilty of the facts charged of this case is erroneous in the misapprehension of legal principles and affected the judgment.

(c)

The sentence (700,000 won) imposed by the court below against the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can be found to have damaged the tear of 1 punishment and half-pact 1 punishment as shown in the judgment of the court below, and the above assertion by the defendant is without merit.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of legal principles, the defendant refused to check the number of correctional officers, obstructed correctional officers’ duties, thereby obstructing correctional officers’ duties and causing them to wear metal protection belts, etc.

According to the above facts, the defendant's restriction on physical freedom in violation of the discipline is punished for the defendant's behavior, and the defendant must bear it, and it is also necessary to establish lectures in the prison.

In that sense, the act of tear tearing the pipe uniform at will cannot be deemed as a justifiable act that does not go against the social norms, and the party defense to oppose unfair infringement is the legitimate defense.