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(영문) 서울북부지방법원 2019.03.29 2018고단3132
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is serving as a sports teacher in Jongno-gu Seoul Metropolitan Government C High School.

The victim D, who was in office as a supervisor of C High School's axis, did not receive money or valuables from E University or any other university, and did not embezzled food materials expenses.

Nevertheless, the Defendant: (a) around 12:00 on February 13, 2018, the fourth fourth floor safety life register of Chigh School: “D supervisor, while entering the E University, was 50 million won or more at the time of entering the E University; (b) and (c) “D supervisor, in addition to E University, has received money and valuables, has been in charge of supervision and supervision; and (d) during the course of supervision and supervision, he/she intends to spread to the E University,” and “D supervisor is verbal abuse, abuse, and training, etc. of students. Accordingly, the Defendant said that the student is changing a large number of students.” In addition, the Defendant: (a) provided that “A student was able to keep him/her from leaving his/her course of leaving his/her transfer.” (b) disclosed false facts over four occasions, as indicated in the attached list of crimes, thereby impairing the honor of the victim.

2. Determination is an offense falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

However, according to the records, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on March 8, 2019, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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