The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not know that B and C were public officials who lawfully performed official duties, and only knew of the fact that he was smoking in the park.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and misapprehension of legal principles, B and D’s legal statement, the lower court: (a) filed a civil petition by a public official of Seoul Seongbuk-gu Public Health Center E in the children’s park in Seongbuk-gu Seoul, Seoul, a non-smoking area (hereinafter “instant park”); (b) sent to the instant park on August 21, 2019 and tried to regulate one of the Smoking who smoked in the said park; (c) at the time, B and C were either “SB” on their front side; and (d) on the rear side, the lower court wearing a verification color box and wearing a public official certificate connected to the items, which is a public official of the Seongbuk-gu, which is a non-smoking area; and (d) presented the identification card to the Smoking who was a public official of the Republic of Korea who was a public official of the smoking Control Office; and (d) did not comply with the general procedure of regulating B and C’s desire in the process.

According to the above facts, the defendant maintains smoking in the instant park where B and C are non-smoking areas.