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(영문) 서울서부지방법원 2015.06.17 2014고단3610
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 11:40 on November 27, 2013, the Defendant insulting the victim E in a 2nd class of D elementary school year 2 and 5th class and corridor, etc. located in Ansan-si C, Ansan-si, and publicly insultd the victim E with a large voice, “In this year, he is a year, a year, a year, a year, a year, a year, a year, a year, a year, a year, a year, a year, and a year, the other male and the wind and the escape-friendly year. This year is another male and a knive year.”

2. On November 28, 2013, the Defendant filed a civil petition stating that “In order to have the Defendant’s wife take a telephone at the Ansan-si Office of Health and Welfare, and to have the Defendant’s wife receive criminal punishment or disciplinary disposition, it is doubtful how it is possible for the Defendant to work as a teacher, who would have the wind and good faith of the students. Furthermore, it is thought that the assistant principal supervising the teacher and the principal may not take any measure against the teacher, and that the teacher will request a heavy disciplinary measure against the teacher.”

However, in fact, there was no failure of the family due to E's wind.

Nevertheless, the defendant filed a civil petition with the same content in the Ansan-do Office of Education and filed a complaint with E.

Summary of Evidence

[Fact 1]

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written decision not to institute a prosecution (No. 2014-type and No. 790 of the Military Prosecutors' Office in the Republic of Korea);

1. Correspondence;

1. A written petition;

1. A written decision on disclosure of information (the fact of Article 2 at the time of sale);

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written confirmations of F and G;

1. A written petition;

1. Receiving a telephone call;

1. Judgment on the grounds for non-prosecution (Seoul Central District Prosecutors' Office 2004 type No. 132575) and the grounds for non-prosecution

1. As to paragraph 1 of the judgment

A. At the time of the Defendant’s assertion, the Defendant merely stated that he was “inducate tax base” and did not engage in insulting speech like facts constituting an offense, and the class ends in the class.

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