Assistance of a Defamation Attorney | Client Accused of Defamation by the Adulterous Partner Receives a Non-Referral Decision

The client was in a state of great mental shock after learning of the spouse's affair.

Thereafter, the client met the complainant directly or, through text messages and calls, went through a process of confirming the facts of the relationship and protesting.

The complainant, however, proceeded to file a criminal complaint, alleging that the client had insulted the complainant in a public place and damaged the complainant's reputation by stating false facts.

In response, the defamation attorney concretely organized the actual content of the client's remarks and the circumstances at the time, and focused on arguing that there had been no intent to spread false facts for the purpose of lowering another person's social standing.

In particular, the attorney actively established that the client's remarks were based on content that the client believed to be true regarding the relationship between the spouse and the complainant, and that this was a process of confirming whether the facts were true amid an emotional situation.

The attorney also argued that there was no circumstance in which the client had repeatedly spread false facts or disparaged the complainant before many people, thereby emphasizing that it would be difficult to establish the charge of defamation.

The client had been accused of intimidation as well, even though the client had not made any threatening remarks to the complainant.

In response, the defamation attorney closely reviewed the statements and evidentiary materials submitted by the complainant through an application to inspect and copy the complaint.

Upon review, there were some discrepancies between the content of the intimidation alleged by the complainant and the actual materials, and there was also a lack of direct evidence sufficient to recognize an act of intimidation.

The defamation attorney prepared a response strategy centered on the fact that a process of protesting emotionally or questioning the facts of the relationship must be distinguished from the notification of harm required for the crime of intimidation under the Criminal Act.

In addition, the attorney comprehensively organized the content of the text messages and calls and the circumstances at the time, and actively argued that the client had no intent to threaten to the extent of arousing fear in the other party.

This enabled the investigative agency to carefully review whether the charge of intimidation was established.

In a criminal case, the direction and result of the subsequent investigation can differ depending on the content of the initial statement, so the response to the police investigation is very important.

In particular, in cases entangled with emotional conflict, unnecessary expressions or recantation of statements during the investigation may instead work to one's disadvantage.

In response, the defamation attorney conducted several consultations with the client before the investigation and organized the circumstances giving rise to the case and the actual content of the remarks in chronological order.

The attorney also closely reviewed the parts of the complainant's allegations that differed from the facts, as well as expressions that could give rise to misunderstanding, and systematically prepared anticipated questions and the direction of answers.

The defamation attorney provided assistance so that the client could maintain consistent statements centered on the facts rather than responding emotionally during the investigation, and prepared a response strategy so that no factor unfavorable to the determination of the charges of defamation, insult, and intimidation would arise.

In addition, the attorney organized the flow of the statements on the basis of objective materials such as text messages and call records so that the investigative agency could grasp the circumstances of the case more accurately.

This case is a matter in which the client was accused of defamation, insult, and intimidation in the course of protesting to the spouse's affair partner.

For the crimes of defamation and insult, an important point of review is whether there was a remark capable of lowering another person's social standing in a public place or in a situation that many people could perceive.

In addition, for the crime of intimidation, a key element of determination is whether harm was notified to a degree sufficient to arouse fear in the other party.

In this case, the central focus of review was the fact that the client's remarks arose in a process of confirming the facts amid an emotional situation, and that there was also a lack of objective evidence to recognize the charge of intimidation.

The level of punishment for each charge is as follows.

As in this case, even where remarks arise in an emotional situation, a criminal punishment issue may arise depending on the determination of the investigative agency, so there is a need to respond strategically from the early stage of the case.

In defamation and insult cases, because whether punishment is imposed can differ depending on the actual content of the remarks, the circumstances at the time, and whether the element of publicity is present, it is important to set the direction of the initial response.

In particular, for cases arising in the course of emotional disputes, the investigation result may differ depending on the initial statements and the manner in which materials are organized.

The defamation attorney reviews cases and prepares a response strategy centered on the following matters.

In defamation, insult, and intimidation cases, because various materials such as text messages, calls, and social media conversations are used as evidence, it is important to accurately organize the facts during the initial response process.

In particular, for cases arising in an emotional situation, the determination of the investigative agency may differ depending on the circumstances giving rise to the remarks and the manner of expression, so it is important to shape the response carefully from the early stage of the case.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), closely reviews the circumstances of the case and the evidentiary materials and prepares a response strategy suited to the situation.

In addition, where necessary, the firm collaborates with its Digital Forensics Center and Evidence Examination Center to analyze relevant materials, and prepares a systematic criminal response strategy from the police investigation through to the trial stage.

If you are facing a police investigation or a criminal complaint on charges of defamation, insult, or intimidation and need a consultation with a defamation attorney, please review your direction of response at any time through the 🔗legal consultation reservation.