Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) [1]’s act of mistake of facts and misapprehension of the legal principle as to Defendant (2019 Highest 1792] is not a legitimate execution of public duties, and the Defendant only resisted in the course of unlawful performance of public duties. Thus, Defendant did not have an intention of assault, and Defendant’s act constitutes a legitimate act.

Therefore, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine.

(2) The lower court found the Defendant guilty of this part of the facts charged, on the ground that there was no intention on the charge of special obstruction of performance of official duties or damage to public goods, and there was an error by misapprehending the facts.

(2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence imposed by the court below on unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. Article 100(1)7 of the Administration and Treatment of Correctional Institution Inmates Act provides that “A prison officer may exercise force when a prisoner commits or attempts to commit an act that seriously undermines the order of a correctional institution,” and Article 105(1) of the same Act provides that “a prisoner shall comply with the rules and regulations prescribed by the Minister of Justice for the security and maintenance of order of a correctional institution,” and Article 105(3) of the same Act provides that “a prisoner shall comply with a correctional officer’s official instructions.”

Article 114 subparag. 4 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (amended by the delegation of the above Act) provides for edification counseling for the type of edification program, and Article 118(1) of the same Rule provides that “The warden may conduct edification counseling for the formation of a sound sense of values, emotional stability, grievance settlement, etc. of convicted prisoners,” and Article 118(2) of the same Rule provides that “The warden shall hold office.”