[Judgment of the court below]

President of the Korea Army Academy at Army

December 18, 2015

Daegu District Court Decision 2015Guhap22259 Decided September 15, 2015

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance is revoked. The Defendant’s expulsion from school against the Plaintiff on May 28, 2015 shall be revoked.

1. Quotation of the first instance judgment

The grounds alleged by the plaintiff in the trial while filing an appeal are not significantly different from the contents alleged by the plaintiff in the first instance court, and the first instance court's decision rejecting the plaintiff's assertion is justified even if both the evidence submitted by the first instance court and the evidence submitted by the first instance court Gap (including the serial number) are examined.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for the dismissal of some contents as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

○ Following the second instance judgment of the first instance court, the second instance court’s statement to see “a statement to insult” as “a statement to insult.”

○ The term “(No. 1)” in the last quarter of the judgment of the first instance shall be read as “(No. 3)”.

○○ The fifth sentence of the first instance judgment (No. 3) is regarded as “(No. 1)”.

○○ In the 8th session of the first instance judgment, “to be deliberated” between the fifth and fifth session of the first instance judgment multiplied by the opening shall be deliberated, and “to be deliberated.”

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges, public officials (Presiding Judge) will be appointed in the future;