On July 15, 2016, at the same correctional institution around 09:40 on July 15, 2016, the Defendant: (a) was moving to C Team by a correctional officer to the C Team; (b) the Defendant, by himself, sent the metal protection unit on the table of the table to the face of the victim’s bridge D(43) (46) accompanied by him/her; and (c) the face of the victim E (46) in which he/she prevented him/her from carrying the metal protection unit on the table of the table.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the accompanying of prison officers to the offender, and at the same time, the Defendant inflicted an injury on the victim E by an internal autopsy that requires approximately 2 weeks of medical treatment, and an injury to the victim E during about 4 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police with regard to F;

1. Each statement of G, H and I;

1. Each work report, each investigation report, and each medical certificate [the defendant and his defense counsel] asserted that the defendant's act against it constitutes legitimate defense as it constitutes a legitimate defense, and thus the illegality of the defendant's act is excluded, and that there was no fact that the defendant displayed a metal protection belt.

According to the records, the above act was an act to defend the present unfair infringement.

In light of the above evidence, it is difficult to view all the facts of injury in the judgment.

Therefore, the defendant and defense counsel's assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (all circumstances, such as the background, nature, and reflectability of the instant crime);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;