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(영문) 서울남부지방법원 2016.01.07 2015노1145

직무유기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The defendant was unable to expect that I would commit suicide due to school violence, and under the recognition that I would not have been able to commit suicide, and that the harassment against I would have decreased, and there was no food neglect or abandonment of his duties.

The defendant did not properly grasp and properly cope with the situation at the time.

It can be seen that the Defendant’s act falls under “the abandonment of duties” as a scambling or renunciation of consciousness.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and sentenced the Defendant guilty.

B. In light of the fact that there is a high possibility of social criticism on the prosecutor’s act of the defendant, and that the defendant does not seriously reflect on the defendant, the lower court’s suspended sentence for the defendant is unreasonable because it is too uneasible.

2. Determination

A. The summary of the facts charged in this case was the Defendant’s 2nd 13th 201 year of E secondary school in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and F, G, H, I (n, 14 years old) was the above-mentioned student.

The Defendant has a duty to protect and supervise students in a school on behalf of a person with parental authority or other legal supervisor, and take appropriate measures to ensure that students can safely receive education without being threatened with the fundamental human rights of students or the health of life and body. By prescribing matters necessary for the prevention of and countermeasures against school violence, the Defendant is obligated to notify the head of the school to which he/she belongs of the Act on the Prevention of and Countermeasures against School Violence (Act No. 9932; hereinafter “School Violence Prevention Act”) with the aim of protecting the human rights of students and fostering students as sound members of society through the protection of victim students, the guidance and education of aggressor students, and mediation between victimized students and aggressor students.

I.