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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the Defendant, without having an objection to the determination of disciplinary action against the victim for three months of the reduction of the Cuniversity’s salary at the Cuniversity, instigated the victim not to hear the amount of lectures by simply indicating the victim’s sexual harassment within the school without having filed an appeal against the disciplinary authority. On March 2012, 201, the number of students who written a letter on the Cuniversity website was 16 times or more, and the number of students who want to hear the victim’s number of classes by entering the victim’s lecture room is 16 times or more, and it is difficult to view that the motive and purpose of each act by the Defendant is for public interest, and it is recognized that the aforementioned act was committed for the purpose of slandering the victim.
2. Summary of the facts charged
A. On January 30, 2012, the Defendant damaged the reputation of the victim by voiceing the victim as stated in paragraph (1) of the attached Table of Crimes List 1 against the students, who passed the place before the main office of the Geum-gu Busan C University, Busan, and thereby have been sexual harassment. (2) On March 8, 2012, the Defendant damaged the reputation of the victim by sounding the victim’s 105-1 lecture room at the 105-1 lecture room at the Geum-gu, Busan, the 20 students, who were able to hear the victim’s lectures at that place, as indicated in paragraph (17) of the attached Table of Crimes List of Crimes (i.e., “if there is concern about other subjects of classes and the second damage, it is necessary to separate them by the principle of separation of space, and it is necessary to separate them according to the principle of separation.”
B. Around March 7, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) by accessing C University website with a computer located in the Geum-gu Busan National University Library, and title “The globalization and global leadership of professors of sexual harassment” is written on the free bulletin board at the place.