All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., punishment of KRW 2.5 million, fine of KRW 2.5 million, and fine of KRW 1 million) of each court below (e.g., punishment of KRW 2.5 million) is too unreasonable.

2. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of two appeals cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the first and the judgment of the second court cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. It is so decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence against the defendant recognized by this court are as follows. The summary of evidence in each judgment below's "a summary of evidence" added "1. Defendant's trial statement" to "a summary of evidence" as stated in each corresponding column of the judgment below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Article 311 of the Criminal Act that selects a punishment (in all respects, the selection of fines), Article 50 (6) 1 of the Aviation Security Act, and Article 23 (1) 2 of the Aviation Security Act (in the case of smoking in aircraft);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant used a indecent expression on the Internet website bulletin board to insult the victim, and posted a letter that defames the victim. Smoking inside the aircraft in flight causes the risk of an accident.