CONTENTS
- 1. The client who came to a Namyangju defamation attorney
- 2. The gist of the facts alleged against the client as seen by a Namyangju defamation attorney
- - The claims of the complainant in the Namyangju defamation attorney's case
- 3. Defamation explained by a Namyangju defamation attorney
- 4. The Namyangju defamation attorney's defense of the client
- - The Namyangju defamation attorney's defense of the client ■publicity
- - The Namyangju defamation attorney's defense of the client ■intent
- 5. The disposition of the Namyangju defamation attorney's client
1. The client who came to a Namyangju defamation attorney
The client who came to a Namyangju defamation attorney said that he had been the subject of a criminal complaint for defamation,
and requested assistance, saying that he was unsure whether his conduct amounted to the crime of defamation.
2. The gist of the facts alleged against the client as seen by a Namyangju defamation attorney
In order to assist with the client's case, the Namyangju defamation attorney set out to ascertain the facts alleged against the client. The gist of the facts alleged against the client was as follows.
The Namyangju defamation attorney's client, through an SNS message, spread a false statement to a friend that the complainant was being kept by a sponsor.
The client, with the purpose of disparagement, publicly disclosed a false statement through an information and communications network and thereby damaged the complainant's reputation.
The claims of the complainant in the Namyangju defamation attorney's case
The complainant who filed the complaint against the Namyangju defamation attorney's client made the following claims.
The complainant said that the client had described her as a “slut” who was being kept by a sponsor, and that this spreading of a false statement not only damaged her reputation but also left her fearful of how others who heard these words might now regard her.
3. Defamation explained by a Namyangju defamation attorney
The Namyangju defamation attorney will explain the client's charge, 🔗defamation.
Defamation refers to the act of damaging a person's reputation by publicly alleging a specific fact or a false fact,
For defamation to be established, there must be (1) publicity, there must be (2) an allegation of a (false) fact, and (3) a person's reputation must be damaged.
Criminal Act, Article 307 (Defamation)
(1) A person who damages the reputation of another by publicly alleging a fact shall be punished by imprisonment with or without labor for not more than 2 years or by a fine not exceeding 5 million won.
(2) A person who damages the reputation of another by publicly alleging a false fact shall be punished by imprisonment with labor for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
If defamation is established, then where the fact is a specific fact, the punishment is imprisonment with or without labor for not more than 2 years or a fine not exceeding 5 million won, and where the fact is a false fact, the punishment is imprisonment with labor for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
4. The Namyangju defamation attorney's defense of the client
The Namyangju defamation attorney's client was accused of damaging the complainant's reputation by spreading a false statement, and therefore faced the risk of imprisonment with labor for not more than 5 years or a fine not exceeding 10 million won.
In order to prevent the client's punishment, the Namyangju defamation attorney mounted the following defense.
The Namyangju defamation attorney's defense of the client ■publicity
The place where the Namyangju defamation attorney's client spoke about the complainant was an SNS chat room with a friend.
Since no one other than the friend and the client could view this content, it can be seen that the client's conduct lacked publicity.
The Namyangju defamation attorney's defense of the client ■intent
The Namyangju defamation attorney's client spoke about the complainant in the course of an everyday conversation with a friend, and thus the client had no intent whatsoever to damage the complainant's reputation.
Accordingly, since the Namyangju defamation attorney's client's conduct lacked publicity and no intent to defame is recognized, the charge should not be recognized.
5. The disposition of the Namyangju defamation attorney's client
The prosecution, having heard the Namyangju defamation attorney's argument, issued a no prosecution disposition for the client.
Through the Namyangju defamation attorney's assistance, it was proven that the crime of defamation was not established on the client's charge,
Even a conversation held in a chat room with a friend may, if its content damages someone's reputation, establish the crime of defamation.
If you are at risk of being punished for the crime of defamation like the client in this case, please find a 🔗Namyangju defamation attorney and entrust your case to them.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
