Man who gossiped about teacher investigated for school violence decided not to indict on charges including defamation

A man who was handed over to prosecutors for criticizing a teacher investigating school violence was not indicted.

The Daegu District Prosecutors' Office decided not to indict Mr. A, a man in his 20s, who was sent on charges of defamation and obstruction of business in November last year.

When an investigation into his school violence victimization began in 2023 when he was a high school student, Mr. A was accused of interfering with the investigation process, including defaming the teacher in charge, Mr. B. At that time, it is known that Mr. A sent a text message to his friends saying that Mr. B was manipulating evidence and lying.

Mr. A denied the charges. Mr. A claimed that even though he reported the damage directly to the school, Mr. B reprimanded him by telling him that he should change his usual attitude. At the same time, he emphasized that he sent the text message because he heard from his friends that Mr. B was investigating his shortcomings, and felt that Mr. B's treatment was unfair.

The prosecution decided not to indict Mr. A. The prosecution said, “When looking at the context of the school violence reporting process, the suspect’s actions expressed an opinion to the effect that the accuser’s actions were ‘gathering false information,’” and added, “Even if it is a somewhat exaggerated expression, it cannot be considered a statement of fact.”

Attorney Kwon Ji-hye of Daeryun Law Firm, who represented Mr. A, explained, “In defamation, the distinction between stating facts and expressing opinions must be judged by considering the overall content, including the normal meaning and usage, context, and the situation in which the expression was written, of the remark. In a situation where it seems unlikely that proper punishment for school violence will be met, Mr. A’s remarks were only a response to Mr. B’s unfair actions, and could not be seen as something done with the intention of defaming Mr. B.”

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Man who gossiped about teacher in school violence investigation decided not to indict on charges including defamation
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