CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Suncheon Law Office
- - Statutes Relevant to the Case, as Explained by the Suncheon Law Office
- 2. The Suncheon Law Office's Assistance
- - The Suncheon Law Office's Argument 1 | Intentional Conduct
- - The Suncheon Law Office's Argument 2 | A Remorseful Attitude
- 3. Result of the Suncheon Law Office's Assistance, a “Non-Referral”
- - The Suncheon Law Office's Case Review
1. The Client's Situation
The client, who had been charged with defaming the complainant, urgently booked a legal consultation with a Suncheon attorney in order to defend against punishment.
How the Client Came to the Suncheon Law Office
This is the account of the client who received a consultation at the Suncheon Law Office.
The client was working as a teaching assistant at Academy A, located in Suncheon.
One day, the client came across a video on YouTube that disclosed the personal information of the perpetrators of a criminal case.
The client then learned that one of the perpetrators had the same name as the director of the academy the client attended.
In their surprise, the client merely forwarded the YouTube link to a group chat on KakaoTalk and mentioned that the names were the same, with no intention of damaging the complainant's reputation.
However, one of the friends in the group chat passed this on to the complainant, and the client was charged with defamation.
🔗If you would like to learn more about defamation and the spreading of false information
Statutes Relevant to the Case, as Explained by the Suncheon Law Office
For a charge of defamation to be established, the following three elements must be satisfied.
2. Whether a person who encountered the disparagement could specifically identify who the subject was
3. Whether there was intent capable of damaging the other person's social reputation and honor
Article 307 (Defamation)
(1) A person who damages the reputation of 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 damages the reputation of 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.
2. The Suncheon Law Office's Assistance
The Suncheon attorney reviewed the facts of the case in detail through a thorough legal consultation with the client.
The attorney then gathered sentencing materials that could work in the client's favor and made the following arguments.
The Suncheon Law Office's Argument 1 | Intentional Conduct
The client learned that the perpetrator in a recent criminal case had the same name as the director of the academy the client attended.
The attorney emphasized that, in their surprise, the client shared the YouTube link in a group chat with friends and simply mentioned that the names were the same, with no intention whatsoever of damaging the complainant's reputation.
The Suncheon Law Office's Argument 2 | A Remorseful Attitude
While watching the YouTube video, the client, in their surprise, shared the link in a group chat.
The attorney emphasized that the client deeply showed remorse for this conduct, recognizing that it had been a somewhat immature and careless judgment.
3. Result of the Suncheon Law Office's Assistance, a “Non-Referral”
Accepting the Suncheon Law Office's arguments, the police issued a non-referral decision on the client's charge.
Satisfied with this outcome, the client came to the Suncheon office to express their gratitude.
The Suncheon Law Office's Case Review
In the case above, the client, who had been charged with defamation, received assistance through a legal consultation with a Suncheon attorney and obtained a non-referral decision, successfully defending against punishment.
If you become involved in a charge of defamation, you may face not only the criminal case but also potential liability for a civil claim for damages from the victim, so consulting an attorney can be helpful.
Daeryun Law Firm has 🔗case studies handled by attorneys experienced in this area, who prepare a response suited to the situation through thorough legal consultations with clients.
If you need a legal consultation regarding defamation in a situation like the case above, please feel free to come to the Suncheon Law Office at any time to entrust your case.
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.
