Judgment

According to the evidence duly adopted and examined by the court below, in particular, CCTV video images, it can be acknowledged that the defendant, as a hand carried on in Busan prison at the time, carried a prison officer’s fat, carried a prison officer’s fat with a left hand, carried a D’s right hand hand hand hand hand hand, and the defendant lost a balance with a ppuri D’s fat, and goes beyond the latter.

In light of the following circumstances acknowledged by the above evidence, the security of the Busan prison and E and the fact that the defendant appeared in detail in the court of the court below that the defendant appeared in the witness's witness of the fact that the defendant had a prison officer D, and there is no motive or reason to make a false statement to E and F disadvantageously against the defendant, the court below is justified in finding the defendant guilty of the above crime on the ground that it can be sufficiently recognized that the defendant interfered with a prison officer's legitimate execution of duties concerning the confinement and management of a correctional officer by assaulting a correctional officer D and obstructing a correctional officer's lawful execution of duties. The court below did not err in the misapprehension of facts as alleged by the defendant.

Therefore, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of the Defendant is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the Defendant’s appeal of the court below ex officio is corrected as “contestive defect” of the 17th sentence of the court below.