CONTENTS
- 1. The Client Who Came to a Gunsan Defamation Attorney
- 2. The Penalties the Gunsan Defamation Attorney's Client Could Face
- 3. Defense Undertaken by a Gunsan Defamation Attorney for the Client
- - The Case as Viewed by a Gunsan Defamation Attorney
- - The Harm Suffered by the Gunsan Defamation Attorney's Client
- 4. The Disposition Received by the Gunsan Defamation Attorney's Client
1. The Client Who Came to a Gunsan Defamation Attorney
The client who came to a Gunsan defamation attorney stated that he faced the risk of imprisonment with labor for having committed defamation against a young child, and the client's account was as follows.
The client and the young child who was the victim in this case were residents of the same villa. The client was charged with having directed profanity at the child in the open lot in front of the villa, calling him mentally ill.
However, the client of the Gunsan defamation attorney stated that he felt the situation was deeply unfair. According to him, he had been on poor terms with the victim's parents.
Whenever the client passed in front of the villa, the victim's parents would exchange disparaging remarks about him in whispers, and when they encountered him at the recycling area, they would directly harass him, telling him to move out quickly.
On the day of this incident as well, when the client was passing by, the victim said, "My mom says you are crazy," directing profanity at him, and the client of the Gunsan defamation attorney became so angry that he said a few words and left for home.
Afterward, the victim's mother shouted from below the villa, angrily demanding to know what the client had done to her child and threatening to file a complaint at once, which ultimately led to the complaint in this case.
2. The Penalties the Gunsan Defamation Attorney's Client Could Face
Criminal Act, Article 307 (🔗Defamation)
① A person who defames another by publicly alleging facts shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding five million won.
② A person who defames another by publicly alleging false facts shall be punished by imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won.
Criminal Act, Article 311 (🔗Insult)
A person who publicly insults another shall be punished by imprisonment with or without labor for not more than one year or by a fine not exceeding two million won.
The client of the Gunsan defamation attorney was the subject of a criminal complaint alleging that he had publicly insulted the child and harmed his reputation. If the charge were to be applied, he could face imprisonment with labor for not more than five years or a fine not exceeding ten million won.
3. Defense Undertaken by a Gunsan Defamation Attorney for the Client
The Gunsan defamation attorney provided the following defense in order to resolve the client's grievance and spare him from the risk of imprisonment with labor.
The Case as Viewed by a Gunsan Defamation Attorney
In this case involving the client of the Gunsan defamation attorney, the victim was the first to direct profanity at the client, and in responding to it, the client uttered profanity in the heat of the moment.
The client did not at all allege any specific facts about the victim so as to commit defamation.
Moreover, the client of the Gunsan defamation attorney had no intention to insult the victim either.
Accordingly, the charge of defamation or insult against the client of the Gunsan defamation attorney cannot be established.
The Harm Suffered by the Gunsan Defamation Attorney's Client
On the contrary, the client of the Gunsan defamation attorney had until then endured all manner of humiliation from the victim and his family.
Even though the client had not said anything in particular to the victim, the victim's mother shouted loudly from below the villa, which may in fact give rise to grounds for defamation or insult against the client.
4. The Disposition Received by the Gunsan Defamation Attorney's Client
After hearing the arguments of the Gunsan defamation attorney, the police issued a no-referral decision regarding the client.
It was a disposition rendered on the ground that the charge of defamation or insult could not be established against the client.
Although the client of the Gunsan defamation attorney had been at risk of being unjustly punished, he was able to defend against that punishment because he came to Daeryun Law Firm and entrusted the matter immediately after the incident occurred.
Defamation, and in particular defamation by alleging false facts, may be punished severely.
If you find yourself in a situation similar to that of the client in this case, please do not delay in contacting a defamation attorney at 🔗Gunsan Daeryun Law Firm to request a consultation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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