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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (misunderstanding of facts) is as follows: (a) although the victim D was in in in a bad condition, or there was no fact that only the faculty member of the existing school was employed, the Defendant’s speaking within the university lecture room as if there were such facts constitutes defamation by publicly alleging false facts.
The judgment of the court below that this is not a false fact is erroneous.
2. Determination
A. The summary of the facts charged is that the victim was serving as a professor concurrently.
E University beauty art management department and students in the E University beauty art management department on March 4, 2015, and around 12:35 on March 4, 2015, E University beauty art management department and 407 lecture room located in Jongno-gu Seoul Metropolitan Government F refers to victims who hear 20 students from the lecture room of Jongno-gu.
J. It is essential that only data from objective positions will be distorted.
The professor has retired from his school before several years have passed since her thickness.
내가 하면 로맨스요, 남이 하면 뭐죠 불륜이죠
I, as soon as he, made abrupted statement when he pays a letter of apology;
그러니까 중간에 그분이 뭘 모르고 그랬대,
Such talks dye, sye, or dye that the school is retired due to the sye, sye, or sye that the school is unsy.
“The instant remarks were made” (hereinafter referred to as “the instant remarks”).
However, the victim had previously worked;
In addition, on February 26, 2015, the G University did not have been dismissed from office as a Buddhist owner, and rather, the Defendant stated that it was not a fact that the said university president was not the above in the office of president of the E University.
Nevertheless, the defendant injured the victim's reputation by openly pointing out false facts as above.
B. (1) In order to establish a crime of violation of Article 307(2) of the Criminal Act, the offender must publicly indicate the fact, and the timely fact will decrease the social assessment of the person.