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Busan criminal lawyer Daeryun, settlement of threats in defamation cases is important

Media Korea Financial Newspaper
Date

2021-07-29

Views 1,484

부산형사전문변호사 대륜, 명예훼손 사건 협박 합의가 중요해

Defamation refers to causing damage by harming one's name, identity, social status, personality, etc. Here, legally speaking, 'honor' refers to social evaluation of a person's personal value, that is, external honor. Therefore, defamation refers to an act that illegally lowers the objective social evaluation of a person's character, virtue, reputation, credibility, etc.

Defamation under the Criminal Act is defined in Article 307 of the Criminal Act as ‘a crime committed by defaming a person by openly stating facts or false facts.’ Here, the subject of honor includes natural persons, corporations, as well as other organizations. In addition, 'overtly' refers to a state that can be recognized by an unspecified or large number of people, and 'damage' does not necessarily require actual infringement of reputation, and precedents interpret it as creating a risk of lowering social evaluation.

The defendant (client) went to company A and told the business owner, "Mr. K is not qualified to be the head of a hospital. I have connections at the prosecutor's office, and I will make a case. It is impossible for a thug to be sent to me. I will report it in the media and cause 30 billion won worth of loss to XX hospital." Even though victim B did not in fact send a thug to the defendant (client) to collect a bond, he ruined the victim's reputation by openly revealing false information. It was damaged.

Ji-eun (client) went to Victim C because he was angry at her for sending people to his store to collect money and said, "If you don't apologize, I'm angry at you for sending thugs to the director's house." I am at war, understand? He threatened the victim, Mr. C, using various abusive language such as “Do you want me to put my finger in your mouth and rip it open?”

The defendant (client) defamed the victim's reputation by openly revealing false information to D, an employee at Company A, as stated in Paragraph (a) above.

Due to the above threats, the prosecutor filed charges of defamation and intimidation.

Accordingly, Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and JejuShim Jae-guk, the representative attorney of Daeryun Law Firm, which has an office in , worked hard to reach an amicable agreement with the victims and reached an agreement. As a result, according to the provisions of the Criminal Act, each indictment cannot be filed against the will of the victim, and a ruling was obtained to dismiss all indictments in this case.

Daeryun Law Firm, which has criminal, civil, divorce, and family law lawyers recognized by the Korean Bar Association, boasts thousands of victories and success stories in cases related to threats and defamation as mentioned above.

For more information, search for ‘Daeryun Law Firm’ on Naver and you will see various winning cases and details.


View original article - http://www.kbanker.co.kr/news/articleView.html?idxno=80490


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