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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant’s crime of this case constitutes self-defense as an act to defend the present infringement of the Defendant’s body by exercising a correctional officer’s illegal force, in light of its details and content, etc., and thus, constitutes a self-defense. 2) The injured party’s wife suffered from the injury does not constitute injury to the Defendant’s crime of injury, since it is extremely minor and minor in light of its father and degree, etc., even if it did not receive treatment, and can be naturally cured
B. The lower court’s sentencing is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant also asserted the same purport in the lower court. The lower court, as indicated in its reasoning, stated ① the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Execution Act”).
According to Article 92 (1) 3, prisoners shall not possess alcoholic beverages, tobacco, burners, cash, checks, and other goods that are likely to undermine the security or order of the correctional institution. According to Article 105 (1) of the same Act, prisoners shall observe the rules determined by the Minister of Justice for the security and maintenance of order of the correctional institution. According to Article 214 (15) of the Enforcement Rule of the same Act, prisoners shall not manufacture or alter the goods without permission. The acts of manufacturing or altering the goods without permission are not only acts of manufacturing or altering the goods without permission, but also acts of manufacturing or altering the goods without permission. Since each of the above made goods cannot be ruled out that the risk of causing harm to the safety or order of the correctional institution cannot be ruled out in light of the possibility of repeated transformation. ② According to Article 93 of the Punishment Execution Act, correctional officers shall be punished.