1. Defamation;

가. 피고인은 2012. 10. 15.경 용인시 수지구 죽전동 번지불상 ◎◎프라자 ◁◁◁◁◁텔 (호수 생략) 피고인의 주거지에서 피해자 공소외 1의 동료인 ○○대학교 동료교수 공소외 7에게 전화하여 ‘공소외 1의 미국 □□□□ 대학교 석사 및 박사 학위 취득이 허위이고, 미국 ◇◇◇◇ 주립대학교 연구방문교수 경력도 허위다.’라는 내용의 허위 사실을 이야기하여 공연히 피해자 공소외 1의 명예를 훼손하였다.

B. The Defendant called the victim Nonindicted 2 to the craft division office at △△ University, where the victim Nonindicted 2 was employed as a professor at the above date and place, and publicly damaged the victim Nonindicted 2’s reputation by publicly expressing to Nonindicted 8 the false fact that “the Defendant’s career of visiting research professors at Nonindicted 2, U.S. △△△△ University is false.”

2. An accusation;

(a) An accusation through the national inquiry;

The defendant had tried to file a civil petition with the National Examination Board for the purpose of having victims be subject to disciplinary action.

1) On October 16, 2012, the Defendant: (a) around October 16, 2012, on the part of the Defendant, a national newspaper, a citizen portal operated by the Anti-Corruption and Civil Rights Commission by using a computer at the residence of the said Defendant (www.e.people.go.r) with respect to Nonindicted Party 1, the Defendant filed a civil petition stating that “I need to verify the academic background and career of the professor of ○○ University,” with respect to Nonindicted Party 1, Nonindicted Party 1, who visited the research professor at the Jeju University in ○ University in 2006 to 2007; (b) there was no record of Nonindicted Party 1’s research visit professor at the ○○ University. If the Defendant searched Nonindicted Party 1, a research visiting professor, who intends to conceal the doctor’s degree.

2) The Defendant, at the same time and place as above 1) was a national newspaper, which is a public portal of the government, using a computer, filed a civil petition stating false facts with the victim Nonindicted 2, stating that “The 2006-2007 professor Nonindicted 2 was a professor at the △△△△△ University ( questions with the history of the △△△△△△ University), but the search results of the fact that there was no fact in the △△△△△△△ University (△△△▽▽▽▽▽▽▽▽▽△△) was conducted. On the grounds of the fact, the Defendant filed a civil petition against the victim Nonindicted 2, stating that “I need to thoroughly investigate whether I prepared a false career while staying in the U.S. for one year or more in the term

3) 피고인은 2013. 2. 2. 불상의 장소에서 컴퓨터를 이용하여 범정부 국민포털인 국민신문고에 피해자 공소외 1에 대해 ‘공소외 1 교수가 ○○대학교 홈페이지에 2000년부터 2013년까지 기재하였던 미국 □□□□ 대학교 대학원 광고학위 논문은 시쳇말로 유령 논문입니다. …… 공소외 1은 1995년 석사학위 위조를 시발점으로 1996년도에 미국 ◇◇◇◇ ▽▽▽▽▽▽ 연구방문 부교수라는 허위경력에 이르렀습니다. 공소외 1의 1995년 미국 □□□□ 대학교 석사논문은 유령논문이고, 공소외 1의 미국 연구방문교수 경력도 유령경력입니다.……’라는 내용의 허위사실을 기재한 민원을 제기하여 공소외 1을 무고하였다.

(b) An accusation through the submission of a criminal complaint;

The defendant continued to have a criminal punishment against the victims, and had the victims submitted a written complaint.

On November 14, 2012, the Defendant submitted a written complaint stating false facts to the public prosecutor’s office of 120 Suwon-gu, Suwon-si, Suwon-si, that “The professor Nonindicted 1 and Nonindicted 2 of △△ University were working as a research visiting professor at each university from 2006 to 2007, but the research visiting professor’s career is false, and Nonindicted 2 was not a professor at the time of holding the metal craft exhibition, but a student status was not a professor, and Nonindicted 1 and Nonindicted 2 were punished as a professor by forging the academic background and career, and thus punished as a professor by forging the academic career and career.”

3. Violation of Act on Promotion of Information and Communications Network Utilization and Information Protection.

1) On January 28, 2013, the Defendant sent to Nonindicted 9, the victim Nonindicted 1’s ○○○ University, a professor of the victim Nonindicted 1, a computer, e-mail containing false information that “(the victim’s sexual certificate is de facto a forged sexual certificate)” and “(the last part of the victim’s sexual certificate) is also a plagiarism thesis” using the computer at an irregular place at around 18:50 on January 28, 2013;

2) 계속하여 2013. 1. 30. 23:21경 불상의 장소에서 컴퓨터를 이용하여 공소외 9에게 ‘공소외 1 교수가 13학기를 이수했다고 ▷▷경찰서에 제출한 미국 □□□□ 대학교 성적표입니다. 1998년 봄학기는 1학기이므로 사실은 12학기를 이수한 성적표입니다. 공소외 1 교수는 □□□□ 대학교 광고학 석사 및 박사가 결코 아닙니다.’는 내용의 허위사실을 기재한 이메일을 보내고,

3) On January 30, 2013, the victim Nonindicted 1’s ○○○ Winter University, Nonindicted 7, sent an e-mail with a false fact described in paragraph 2, using a computer at an irregular place on January 30, 2013; and

4) On March 21, 2013, around 00:39 on March 21, 2013, Nonindicted 9 entered Nonindicted 1’s “The master’s degree of professor Nonindicted 1” and “Nonindicted 1, upon the launch of the master’s degree in 1995, was a false career of Non-Indicted 1, who was an associate professor for research visit in 2006. Nonindicted 1’s master’s degree thesis in 1995, is a historical thesis, and Non-Indicted 1’s U.S. Research Visit’s career as a U.S. Research Visit. Research Visit. Non-Indicted 1 did not have the substance of the master’s degree book, and Non-Indicted 1 did not have the U.S. students,” and “Non-Indicted 1’s master’s degree of non-official certificate in 198 and Non-Indicted 1’s academic background disclosed on the homepage of ○ University as of 2013 and Non-Indicted 1’s master’s degree.

Accordingly, the Defendant, for the purpose of slandering Nonindicted 1 of the victim Nonindicted 1, disclosed false information openly through the information and communications network four times, thereby impairing the honor of Nonindicted 1 of the victim.

1. Each complaint;

1. Each police statement made against Nonindicted 1 and 2

1. Each statement of Nonindicted 7 and 8

1. A master's degree certificate and a certificate of attending school; and

1. e-mail transmitted from each of the main colleges of the Do Governor (53 pages, 57 pages of investigation records);

1. e-mail transmitted by each Defendant (16 pages, 29 pages, 77 pages);

1. Each civil petition transfer document and each civil petition document;

1. Non-prosecution decision;

1. Each report on investigation;

Article 156 of the Criminal Act; Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 307(2) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Judges Cho Jae-ho