The defendant shall be innocent.

1. On March 24, 2016, around 16:05, the Defendant: (a) smoked in the same bus stops in the same way as Nowon-gu, Seoul Special Metropolitan City, prior to the bus stops in front of the 1342-off white hospital; (b) was discovered by a public official belonging to the Nowon-gu Office who was asked to present identification card to impose an administrative fine; (c) went away to avoid this; and (d) was put to the victim C, who was a public interest service personnel

At this time, the Defendant paid attention to prevent the victim from getting off the Defendant’s arms on his hand, but neglected to do so, and caused the victim to suffer injury, such as “influences and tensions in the part of the suffering of the suffering of the suffering of the injury,” which is necessary to give approximately three weeks of medical treatment to the victim at a hold.

2. Determination

A. Article 34(3) of the National Health Promotion Act, which regulates smoking in a non-smoking area, provides that a person who smokes in a non-smoking area in violation of Article 9(7) of the same Act shall be punished by an administrative fine not exceeding KRW 100,000,00, as stated in the facts charged. The act of smoking in the non-smoking area is only subject to the imposition of an administrative fine, but is not subject to criminal punishment. Thus, arrest for investigation

B. However, in light of the means, method, and degree of the act committed by the Defendant to be exempted from such arrest, and the degree of the victim’s injury caused thereby, it is difficult to view that the Defendant’s act goes beyond a considerable degree to escape from illegal arrest, and in light of the means, method, and degree of the act committed by the Defendant to escape from such arrest, and the victim’s injury caused thereby, it is difficult to view that the Defendant’s act goes beyond a considerable degree to escape from illegal arrest.

Therefore, it is identical to the facts charged by the defendant.