The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is a correctional officer who belongs to B, and the victim C (51) is a person who was detained in the Seoul Eastern District Court on April 20, 2018 by obstructing business operations, etc. and is still detained in the said prison.

On April 14, 2018, the Defendant continued to wear protective equipment at the five team offices located in D on April 12:13, 2018 from 08:40 to 12:10 on the same day on the ground that the victimized person continues to be able to take protective equipment against the correctional officer, and the victimized person goes beyond the victim’s bridge, takes the victim’s dog once, takes the victim’s dog twice, takes the victim’s face two times, takes the victim’s face three times, cut off, and assaults the victim’s head nine times by hand, and assaults the victim’s head nine times.

As a result, the defendant assaulted a criminal suspect who was under confinement in the course of performing duties concerning the restraint of a person as a correctional officer.

2. The Defendant, as a general correctional officer, is not the subject of the crime of toxic assault under Article 125 of the Criminal Act.

3. Determination

(a) Article 125 (Assault or Cruel Act) of the Criminal Act shall be punished by imprisonment for not more than five years and suspension of qualifications for not more than ten years, if a person who performs or assists in activities concerning judgment, prosecution, police, or other functions involving the restraint of human body, commits an act of violence or cruel treatment against a criminal suspect or another person while performing his/her duties;

“The subject of the above exclusive assault is limited to “a person who performs, or assists in, judicial, prosecution, police or other duties concerning the restraint of human body”.

B. At the time of the instant case, the Defendant served as a security guard B and a Class 7 guard belonging to the instant case. We examine whether the Defendant is the subject of the crime of toxic assault as stipulated in Article 125 of the Criminal Act.

B Security Department and the defendant, who is a Grade 7 guard, is a court.