Nut: Sent Lese Majeste email
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
Nut was arrested on 13 October 2009 and was charged with Lese Majeste and with Computer-related Crime Act for sent emails with content deemed to be Lese Majeste offenses to a foreigner
Nut was reased on bail in late of October 2009. However, he was later sentenced to 3 years and 18 months in prison after he pleaded guilty before the court on 14 December 2009.
Due to his good behavior Nut's sentence was suspend in April 2012. He was released from the prison before complete his prison term in July 2012.
Defendant Background
Prior to his arrest, Nut had his own business.
Offense
Allegation
According to the Criminal Court, it stated that, on 12 July 2009 (during day time) and 23 July 2009 (during day time), the defendants jointly import to a computer system, publish, or send of any computer data of a pornographic nature and defamation to members of the royal family using alias as “stoplesemajeste” or “Emilio”.
The incident occurred at Wangthonglang District Bangkok.
The prosecutor asked the court to punish the defendant under Section 112 of Criminal Code, and Computer Related-Crimes Act.
According to the fact, the pornography amount to defamation to the King, Queen, and his heir published on youtube.com. The investigation revealed that Mr. Suwicha Thakoh jointly committed the crime with alias stoplesemajeste and was already arrested. Mr. Suwicha was filed a complaint before the Criminal Court. As for alias stoplesemajeste, the investigation showed that it was the same person with alias Emlio Estenan, age 46 years old, English guy living in Spain. Emilo had been in contact with Mr. Suwicha from 19 April 2008 to 15 September 2009. Mr. Emilio published the information amounted to defamation to the King, Queen, and his heir on his web-blog by internet connection from Spain aiming to repeal lese majeste law. The inquiry official of Department of Special Investigation filed a petition to the court requesting to access Mr. Emilio’s information in his email. The investigation revealed that, during 21-23 July 2009, there was an email from Mr. Nut with three files attached of photos and voice amount to defamation to the King, in which they were the same files published on Mr. Emilio’s web-blog.
The inquiry official filed a petition requesting an arrest warrant againt Mr. Nut to the Court on 13 October 2009 and arrested him on the same day.
Circumstance of Arrest
On 13 October 2013, about 10 officials from the Department of Special Investigation (DSI) went to Nat's condominium in Ladprao area. Upon the arrival, the authorities bang on Nat's door, present him a warrant before search his condominum and take him under their custody.
Trial Observation
Black Case
Court
Additional Info
To get to know 'Nut' more please see Nat: The same series of events, the same place
Reference
13 October 2009
Nut was arrested by authorities from DSI
Late October 2009
Nut was released on bail with 400,000 Baht cash deposit.
14 December 2009
Deposition Examination
The court examined Nut's deposition. Nut pleaded guilty to all charges, the court then handed down a verdict in the same day. The court found Nut guilty under Lese Majeste and under Computer-related Crime Act in 3 different counts, sentence to 3 years in prison altogether 9 years in prison. The defendant pleaded guilty, the court then cut his sentences by half, Nut's actual serving time was 3 years and 18 months.
19 April 2012
Due to Nut’s good behavior, he was released from the prison with probations prior to the end of his actual serving term in July 2012.
Verdict
Summary of a verdict of the Court of the First Instance
The Court found the defendant guilty under Section 14 (2) (3) (4) (5) of Computer related Crimes Act B.E. 2007 and under Article 112 of Criminal Code.
The act of the defendant considered as one act, violated different offences, shall be sentence under offence with highest penalty which was Section 112 of Criminal Code.
The defendant committed the crime 3 times and shall be sentence to 3 years in prison for each count alltogether sentence 9 years in prison.
The defendant pleaded guilty, sentences shall be mitigated by half for each count according to Section 78, the defendant shall be sentence to 1 years 6 months for each counts altogether 3 years 18 months in prison. As for exhibit, it shall be confiscated.