The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty of the original judgment (two million won of fine) is too unreasonable.

2. The judgment of the court below is somewhat heavy in full view of the following factors: (a) the defendant has been punished several times for the same type of crime; and (b) the defendant's act of smoking tobacco in a public store is likely to be subject to criticism but it appears that it might be subject to criticism; (c) although it is acknowledged that the defendant's act of smoking in a public store is likely to be subject to criticism, it is against the defendant's wrong judgment; (d) the defendant's physical disability level 3 is not severe; (e) the defendant has physical disability class 3; (e) the defendant has a bankruptcy state; and (e) the defendant's age, character and behavior, occupation and environment; (e) the defendant's circumstances

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;