The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a year, three years of probation, and observation of protection) is too unreasonable.

2. Prior to determining the grounds for appeal ex officio, according to the entries in the first trial protocol of the court below and the health room of the court below, the defendant recognized all the facts charged, but if the defendant's written opinion is presented, I do not say that the defendant is too much of maurs.

The confession of the defendant in the original court is not reliable, because it can be known that the first fighting is stated in the state of detention.

Therefore, the court below erred by misapprehending the legal principles on simplified trial procedure and finding guilty of the facts charged on the basis of evidence which did not undergo legitimate evidence examination.

In this respect, the judgment of the court below can no longer be maintained (this court revoked the judgment of the court below which decided to be tried in a simplified trial pursuant to Article 286-3 of the Criminal Procedure Act on the same ground at the first trial date of the court below). 3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without further proceeding to decide on the defendant's unfair assertion of sentencing, and it is again decided as follows.

【Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment of the court below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) and Article 311 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;