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(영문) 대구지방법원 2017.02.10 2015고정2868
명예훼손
Text

Each public prosecution against insult among the selective facts charged against the defendant is dismissed.

. against the Defendant.

Reasons

Rejection of Public Prosecution

1. The summary of the facts charged is teachers teaching social subjects at E high schools located in Gyeonggi-si D in Busan-si.

가. 2010. 3. 경 모욕 피고인은 2010. 3. 경 위 E 고등학교 2 학년 6 반교실에서, F 등 학생 수십명이 있는 가운데 피해자 G을 가르켜 “G 쌤 수 학 과외 선생은 인간성이 좋지 않다, 머리 나쁜 애들 만 모아서 과외를 한다고 하더라,

The victim publicly insultingd the victim by referring to “d.”.

B. On March 2011, the Defendant’s insultd around March 201, 201: (a) 1: (b) 201; (c) 1: (d) 201; (d) 1: (e) 201; and (e) 200 students, including E high school 2: (e) 1; and (e) 201.

There may be no Do substitute and we can see why we do so much.

It is necessary to see and see the excellent difficulty among the obstacles that he attends, and to see the parent's test, and to throw away money.

It should be classified as to whether to teach it well as to teach it, where it is so far as it is, inter alia, so far as it is so high as to do;

G Doing well-friendlyly and joining the G;

Previous, G was kept in gambling and was in an apology.

“Publicly insulting the victim.”

2. This part of the facts charged is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date on which the victim becomes aware of an offense subject to victim’s complaint. Here, “the date on which the offender becomes aware of an offense” refers to the date on which the offender becomes aware of an offense after the completion of the crime.

However, according to the records of this case, the victim stated that the defendant stated in F, H, etc. around March 2010 and March 201 as stated in this part of the facts charged, and the victim stated this.

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