The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. (1) The Defendant requested an interview with the person in charge at the Gansung Vocational Training Correctional Institution on several occasions, but was unfairly rejected on several occasions.

On the blind spot of surveillance camera, correctional officers put a threat and danger to the defendant in the blind spot of surveillance camera, which became a fighting of the defendant and correctional officer.

Since then, in the process of the suppression of the defendant by a correctional officer, the defendant was forced to pressure the chest, and the prison officer was removed from the losses of the correctional officer to live, and the prison officer was injured by the prison officer.

Therefore, the defendant's act is a passive resistance to escape from an improper attack committed against the defendant, and constitutes self-defense or legitimate act.

Do. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, so it erred by misapprehending the legal doctrine or by misapprehending facts, thereby adversely affecting the conclusion of the judgment

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. (i) In order to establish self-defense as stipulated in Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of the legal interest to be infringed by the act of defense, and the kind and degree of the legal interest to be infringed by the act of defense.

(see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). In addition, whether a certain act constitutes legitimate act that does not contravene social norms and thus is dismissed should be determined individually by considering the appropriateness of the purpose and purpose of the act, the reasonableness of the means and method of the act, and the third.