A defendant shall be punished by imprisonment for not more than ten months.

A. The Defendant was unilaterally abused a group by a correctional officer C, etc., and there was no assault by C.

The defendant was a group victim by a correctional officer E, and did not commit violence, and the defendant was a passive resistance against the above group group.

B. The first instance court, in violation of the Constitution, law, order, or rule, did not notify the Defendant of the right to select a participatory trial; it was erroneous in closing pleadings without receiving additional evidence such as the witness at the Defendant’s request for examination; and even if the investigation agency did not prepare an interrogation protocol, it was erroneous in finding the Defendant guilty of the facts charged by the prosecutor who did not investigate the Defendant.

C. The first instance sentencing (ten months of imprisonment) on the accused is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the first instance court recognizes the following facts: (a) the Defendant interfered with the lawful performance of duties by a correctional officer by the victim C, who was a correctional officer, by taking the head of the victim C, seeking an interview with the Defendant, and walking the victim’s worship, etc., and at the same time interfered with the victim’s legitimate performance of duties by causing approximately two weeks of treatment; (b) the victim E, a correctional officer, seeking to separate and accommodate the Defendant, thereby interfering with the correctional officer’s legitimate performance of duties, such as interfering with the correctional officer’s loss, etc.; and (c) at the same time, the Defendant committed an act, such as causing damage to the victim’s reputation by the number of treatment days, etc., and therefore, it is recognized that the Defendant committed a collective assault by a correctional officer or committed an act of resistance at a passive level from a defensive point.