1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Basic facts

A. On July 23, 2015, the Plaintiff was sentenced to 20 years of imprisonment with prison labor for murder, etc. at the Busan High Court, and is currently being admitted in the Gwangju Prison.

B. At around 18:10 on March 20, 2018, the Plaintiff committed a violation of discipline, such as: (a) continuing to enjoy labels installed therein without complying with an order of a correctional officer, who is a worker in charge, to return food, clothing, etc.; (b) repeatedly resisting the employees; and (c) refusing the above instructions without justifiable grounds, by avoiding disturbance, obstructing other prisoners’ lives under confinement; and (d) interfering with correctional officers’ duties.

Therefore, a correctional officer's order was issued to leave the room to investigate the violation of regulations, but the officer's officers belonging to the police patrol team did not comply with the plaintiff, and the plaintiff was able to move to the D team office.

이에 교도관들이 형의 집행 및 수용자의 처우에 관한 법률(이하 ‘형집행법’이라 한다) 제97조에 따라 원고에게 보호장비인 수갑을 채우려고 하자, 원고는 몸부림을 치며 연행하던 교도관들을 넘어뜨렸고, 교도관들에 의하여 손목에 이어 발목에도 수갑이 채워지려 하자 원고를 제압하던 위 교도관의 종아리를 물어뜯었으며, 스스로 머리를 바닥에 찧는 등 교도관들을 뿌리치면서 몸부림을 쳤다.

C. On March 20, 2018, the Gwangju Correctional Institution separately admitted the Plaintiff to the protection room for a person subject to disciplinary action under Article 110 of the Punishment and Execution Act, and limited the Plaintiff’s meetings and outdoor exercise from March 20, 2018 to March 22, 2018, where the protection room for the Plaintiff was taken place.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 4 and 7, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was made by a correctional officer affiliated with the Defendant from Busan around March 20, 2018 to meet the Plaintiff.