logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.07.25 2018노1796
명예훼손
Text

The guilty portion of the judgment of the court below shall be reversed.

The defendant shall be innocent.

Reasons

1. The court below rendered a judgment of innocence on the remainder of the facts charged against the defendant. Since the defendant appealed only on the guilty part, the defendant's appeal is limited to the guilty part of the defendant's appeal.

2. Although the summary of the grounds for appeal did not make a statement as to the facts charged, the lower court erred by misapprehending the facts charged, thereby recognizing the facts charged.

3. The Defendant served as a taxi driver from “B” and the victim C was a person who served as the chairman of the Trade Union and Labor Relations Adjustment Board in the same company.

On April 2016, the facts in front of the Gangnam-gu Seoul Metropolitan Government DB 'DB' dispatch room were damaged the reputation of the victim by openly pointing out false facts by talking about "C trust, E. C is one speed with E. E. E. E. E. E.C.) and engaging in a fish-use labor campaign representing the interests of the private sector although the victim operated multiple labor unions for the taxi article."

B. On May 2016, 2016, the Defendant’s reputation was damaged by openly pointing out false facts, stating that “C is a cab driver who takes the front of a taxi driver’s labor movement while using a taxi engineer.”

4. Considering the following circumstances that could be known by the evidence duly admitted and investigated as to the grounds for appeal ex officio, prior to examining the grounds for appeal, the submission of evidence alone cannot be deemed as having proved that the Defendant’s statement on the facts charged constituted defamation by publicly alleging false facts.

In the case of defamation of relevant legal principles, the term "statement of fact" is a concept substituted by expression of opinion, the object of which is value judgment or evaluation.

arrow