2017 Highest84 A. Defluence

(b) Preparation of false official documents;

(c) Violence;

1.(a) A

Kim Dong-dong (prosecutions) and Kim Min-hee (Trial)

Attorney Kim Young-chul, and Kim Jong-chul

July 12, 2017

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.The production of false official documents among the facts charged in this case shall be acquitted. The summary of the verdict of innocence shall be published.

Criminal facts

The defendant is a middle school sports teacher in B, and the victim C (Death on December 14, 2015) was a first-time teacher in B middle school on March 1, 2015, and was a first-time teacher in B middle school.

On July 2015, the Defendant, on the ground that he did not properly implement the Defendant’s direction to correct the examination questions given at a teacher’s office located in the B Middle School Sports Center located in Bocheon-si, Bocheon-si, and thus, he was heard by Dong Fee E, etc., the Defendant, “I will not see why he is frighting to this fright? Nonson’s scophon? He publicly insultingd the victim by openly insulting the victim, such as Nonson’s scophon, and f

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to F, E, and G;

Application of Statutes

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

Article 311 of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

The sentencing of Article 62(1) of the Criminal Act is based on the following circumstances and the defendant's age, character and conduct, environment, and the circumstances before and after the crime of this case, and all the conditions of sentencing as shown in the records shall be determined as ordered.

○ Deposit of KRW 3 million for the victim’s bereaved family members, as the time of committing the instant crime, there is no record of punishment more than a suspended sentence, and there is no record of punishment more than a suspended sentence.

In light of the circumstances before and after the crime of this case, the details of the victim's bereaved family members, etc., it seems that the defendant did not appear to have an attitude of reflection and apology in light of the fact that the victim's bereaved family members want to be punished strictly by the defendant.

The acquittal portion

1. Summary of the facts charged

The Defendant, on September 11, 2015, around the 25th of the same month, and around October 30 of the same year, left from B middle school located in Boan-si D without permission on three occasions on October 30, 2015, and had seven students of H et al. attend club classes on behalf of the coco-manager of H et al., the Defendant, however, had the Defendant enter the educational administrative information system (NEI) as if the Defendant had engaged in club classes, and had the Defendant enter the class contents at will differently from the actual ones.

From the end of December 2015, the Defendant, at the teachers’ office located in the B Middle School Sports Center, connected the Defendant’s ID to the educational administration information system by using a computer, and, unlike the actual curriculum, entered the false official document into the “public document” column on September 11, 2015, 2015, i.e., “string wing operation in the East Asia’s activity column, i.e., September 25, 2015, 2015, i.e., “string string strings” into the “string string strings” column on September 30, 2015, and ii).

2. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to feel true enough to have a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

B. We examine the following circumstances acknowledged by the records of this case, ① the Defendant was a teacher in charge of the Gagdong Ri at the middle school at the time of committing this part of this case, ② all seven students, including Haggdong Ri, were double players, ② students’ life - creative experience activities - registration for the same time after the teacher in charge of the educational administration information system, and ③ the J, a B middle school teacher, entered the same Gagdong Ri in the educational administration information system to the effect that it was a Gagdong Ri’s entry into the above Gagdong Ri’s work. It is a principle that the Defendant, a teacher in charge, should always record the Gagdong Ri’s work in the case of alternative classes, but it is hard to view that the Defendant continued to enter the above part of this case’s work, such as the Gag Ri’s basic manual to the effect that it is difficult to find the above Gagdong’s work as a part of this case’s work.

3. Conclusion

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act and a summary of the judgment of innocence is publicly announced pursuant to Article 58

Judges