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Defendant shall be punished by a fine of 150,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
1. On February 10, 201, the Defendant committed an act of disturbing drinking in the waiting room located in Busan Metropolitan City on February 10, 2011.
2. On February 28, 201, the Defendant smoked at the Busan Wan-si Station located in Busan-si around 16:50 on February 28, 2011, even though it was a non-smoking place.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquiries about each notification;
1. Article 1 subparag. 25 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012) provides that a person who smokes tobacco shall be punished by a fine not exceeding 100,000 won, by misdemeanoring detention, or by a minor fine, at the place where it is indicated that the person who smokes tobacco shall not smoke. However, the former Punishment of Minor Offenses Act amended by Act No. 11401, Mar. 21, 2012 deleted the relevant provision, and Article 34 subparag. 3 of the National Health Promotion Act amended by Act No. 10327, May 27, 2010 newly established a provision that imposes an administrative fine not exceeding 10,000 won on a person who smoked in a non-smoking area.
However, Article 2 of the Addenda to the Punishment of Minor Offenses Act (amended by the Punishment of Minor Offenses Act) provides that "The penal provisions against acts before this Act enters into force shall apply."
Since the above amendment of the law was stipulated as "the time when punishment was repealed due to the repeal or repeal of the law after the crime under Article 326 subparagraph 4 of the Criminal Procedure Act (see Supreme Court Decision 2002Do2086, Aug. 27, 2002). The above amendment of the law does not fall under the time when the punishment was repealed (to select each fine)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;