Why Did the Father Who Posted 'Son's School Violence Perpetrator Information' on Utility Poles and Apartment Shops Get Acquitted?

Posting of Identifiable Flyers in Apartment
Court: "Defendant Has Sufficient Possibility of Misunderstanding"

A father who posted flyers containing the personal information of students who bullied his elementary school son was acquitted by the court.

Mr. A (40) was indicted for attaching flyers titled "Notice of 5th Grade Group Bullying Assault and Attempted Murder Case" to an apartment shopping area and utility poles in Jeonju City on October 15 last year. The flyer included relatively detailed information that could identify the perpetrators of school violence and the facts of the assault.

On October 13 of the same year, Mr. A heard from his son B’s homeroom teacher that B had been bullied by classmates.

After visiting the school and confirming the facts with the police and others, Mr. A learned that several male students had lifted and assaulted B. Based on B’s testimony, Mr. A created the flyer and posted it in places highly visible to residents.

Yonhap News

However, at the school violence review committee held the following month, one of the students accused as a perpetrator, C, was not recognized as a participant. Although B claimed that C also assaulted him, the committee did not accept this, citing that "specific facts were not confirmed, and the student was absent on October 13, the last day the school violence occurred."

As a result, Mr. A was charged with defaming C’s reputation, but the Jeonju District Court Criminal Division 7 (Judge Han Ji-suk) announced on the 21st that he was acquitted.

The court explained, “The defendant posted the flyer after receiving information from the homeroom teacher that all the male students in his son’s class had committed school violence and apologized.” At that time, the homeroom teacher did not mention that C was absent, so it was entirely possible that Mr. A mistakenly believed that C was also a perpetrator who apologized together.

Furthermore, the court added, “For defamation under criminal law to be established, the stated facts must be false, and the defendant must have recognized that the facts were false. The burden of proof lies with the prosecution.”

It continued, “Based on the evidence submitted by the prosecution alone, it cannot be concluded that the defendant was aware that the contents of the flyer he created at the time were false.”