(영문) 의정부지방법원 2018.12.18.선고 2018노530 판결

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)

The defendant's distribution of documents at the site of this case cannot be deemed as a divulgence of secrets in the course of performing his/her duties, there is no indication of the contents related to the deliberation and result of school violence, and there is no fact of the real name of "B".

2. Ex officio determination

The defendant shall be considered ex officio prior to his judgment on the grounds for appeal.

In the trial of the court, the prosecutor applied for changes in the indictment against the judgment of the court below as stated below (the reasons for the judgment in multiple ways) and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below is no longer maintained.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

(C) The reasons for the judgment

Criminal facts

Defendant A is a member of the G High School Violence Autonomous Committee.

Any person who carries out or has carried out affairs related to the prevention of and countermeasures against school violence;

confidential information that he/she has become aware of in the course of his/her duties or data related to aggressor students and victim students;

shall not be eligible.

Nevertheless, the defendant, at around 19:00 on December 12, 2016, was a manager of the Dong-dong C Apartment-dong, Dong-dong, Dong-dong, 2016.

November 25, 2016 in relation to B students at the School Violence Autonomy Committee

The “shaped mother”, which has been acquired through deliberation and resolution, shall be active in school life as a member of the parent council;

and he has participated, and he has accumulated the friendship with D Deputy principal, E head, F head, and this shape shall be the student conference.

Part H of the Council shall participate in the important meetings of the school as student representatives and shall be in most school events.

The form of tobacco play a tracking role. The framework of the head of the correct living division is as much as to be colored.

1. A student is subject to criticism against his or her children as a perpetrator of school violence and violence.

Rather, victims are victims of school violence on the ground that the form of the victims is in close relation to E, the student head.

The parent of a victim student is out of the fear of being unable to report the piracy, and the parent of the victim student is a student.

He excluded from the Committee of Violence and reported school violence directly to the son.

However, during the school violence investigation, I point out the letter of the assistant principal of D during the course of the school violence investigation. The school side rather than the principal.

In order to avoid the 0-type school violence case designated as the perpetrator of the case, the victim student shall take advantage of such case.

The basis for the Kaxa containing each other’s discussions on the harmful act against school violence (at present the remainder)

There is no evidence to prove that the SNS does not have any evidence) which has 0 shapes as the victim of the school violence case.

Students will be the perpetrator of the school violence case."In addition, 00 shape is without permission for class hours.

of the first year F, in spite of the violation of the school rules, such as saving any other female student.

The chief of the department is biased on the violence of this-shaped student, such as minor punishment.

Pursuant to punishment, a large number of students of GJ may be against the same pattern in the year.

In addition, the report of school violence on this shape is not properly treated, but is new.

We cannot see that the school violence in the form of 0-type is not known, and that it cannot report it.

The complaint is presented to the people around the 0th century. The 0th mix is that the person concerned smokes tobacco or drinks alcohol.

The head of the Do (D) and the head of the department (E) will not take place because of the internal letter. They are relatives of the Gu.

The level of self-camp and luxa (which includes the Kakao Stockholm evidence in the shape of theO) and the student conference H path shape:

E Students continue to engage in school violence for students under the expense of the head of the department and the assistant principal, but they shall be closed.

In addition, there was an act of inspecting teachers and a false question about teachers. Teachers or students’ mothers are growing.

The reduction strike of the highest net National Agriculture Group, stating that "the circumstances that see it to see it to 20 shapes"

by distributing the documents under the title of state GJ incident, the personal situation of victim students and aggressor students;

the disclosure of any matter or external disclosure is likely to cause controversy among the parties to the dispute.

The details of this case were revealed.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

The former Act on the Prevention of and Countermeasures against School Violence (Amended by Act No. 15044, Nov. 28, 2017)

Articles 22(1) and 21(1) of the Act, the choice of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The content of the instant document is provided for in the Enforcement Decree of the Act on the Prevention of and Countermeasures against School Violence.

The term "B" does not constitute "confidential" (in accordance with the prosecutor's amendment of indictment as above, "B"

The phrase "the part stating the name of the defendant" is excluded from the written indictment, so the defendant and the changes therein are made.

The assertion of the counsel is not judged separately.

2. Relevant statutes;

Article 21 (1) of the Act on the Prevention of and Countermeasures against School Violence shall apply to the prevention of school violence pursuant to this Act.

and any person who conducts or has conducted affairs related to measures shall be confidential as he or she has become aware of in the course of such duties.

or divulge data related to aggressor students, victim students, or informants under Article 20;

section 2 of the same section provides that "............................. the body of the

The range is defined as "the Presidential Decree".

Accordingly, Article 33 of the Enforcement Decree of the same Act provides that the scope of confidential information under Article 21 (1) of the same Act:

'1. The names and resident registration numbers of victim students, aggressor students, and their families in school violence;

Matters concerning personal information, such as address, etc., and '2. Deliberation and significance on victim students and aggressor students in school violence

The content of personal statements related to the result, '3. Other controversy between the parties to the dispute in the event of leakage.

It is defined as "any clear matter that is likely to cause it".

3. Determination

The following are acknowledged by the evidence duly adopted and examined by the court below and the court below

In other words, the following circumstances: ① The document of this case is in the form of zero to the parents of the victimized student directly to the principal student.

The content and form of the school violence report in relation to the school continues to commit school violence.

of the school violence committee, which contains the content that the school violence committee has been convened in a 0-shaped manner.

(2) The school violence committee's resolution has the meaning of the result of the action.

The defendant is sufficiently related to the contents (the defendant is the perpetrator of the language violence and king).

2. 'B' in the document of this case, 'B' was present at the School Violence Committee.

Although it is indicated in the shape, 'the head of the first year H', 'the mother in the shape' is 'the member of the parent council's representative council.

It is sufficiently possible to identify who is the same as the content of this case, and ③ this case’s text

In the content of the letter, ‘school violence' has been severely punished by the school violence of 0-shaped students.

Part or part of "B" is only the perpetrator of the school violence, and it cannot be seen as the victim, whether it is true or not.

It is obvious that the document of this case is likely to bring about controversy in connection with it.

(4) The Defendant’s overall problems in the school.

The content of this case is merely dealt with, and the content of this case is examined before the school.

Although dealing with anti-competitive issues, the content of B individual also occupies a considerable quantity.

the defendant's assertion that it is difficult to see as claimed by the defendant ( approximately 2 pages of the entire eight documents)

If it deals with the above-mentioned parts and it was intended to deal with only the overall school problems, then it is hard to deal with them.

5 The prevention of school violence and countermeasures against school violence may not be used to identify B.

Protection of victim students, guidance and education of aggressor students, and victim students and aggressor students under the Act on the Protection of victim Students;

through dispute mediation, the protection of human rights of students and the fostering of students as healthy members of society.

in light of the purpose of this section, within the same manner as the description of the facts charged contained in the document of this case

use is not consistent with protecting the human rights of the above students and fostering them as sound members of society;

Even if the purpose is to do so, the above contents need not be disclosed.

In full view of the two facts charged, the facts charged of this case are fully recognized. Accordingly, the defendant and his defense counsel

The head of the office shall not have reasons.

Reasons for sentencing

The defendant did not directly prepare the documents of this case and considered to be somewhat unreasonable.

To point out the problems related to the operation of the school and to bring about the crime of this case;

There are some circumstances to consider the motive for the defendant. There is no history of criminal punishment against the defendant.

The circumstances favorable to the defendant are favorable to the defendant.

However, the defendant shows his attitude to deny and not to reflect the crime of this case.

It is necessary to recover damage even if the damaged student suffered a significant mental shock due to the crime.

There was no effort to make such efforts, which is disadvantageous to the defendant.

Such circumstances as the age, environment, character and conduct of the defendant, motive for the crime, circumstances before and after the crime, etc.

In full view of the various circumstances that are the conditions for sentencing as shown in the records and arguments of the case;

Determination of the same punishment.