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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.
2. The crime of this case is determined as follows: the Defendant’s speech that tobacco would not be smoked in non-smoking areas.
that assaults an elderly victim, and the liability for such crime is less than that of the elderly victim.
It can not be seen that the defendant is disadvantageous to the defendant.
On the other hand, the fact that the defendant is a recipient of basic living and does not have good health conditions, and that the injured person has not been exposed to it is favorable to the defendant.
In full view of the aforementioned circumstances and other factors of sentencing as shown in the instant arguments, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.