CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Cheongju Law Office
- 2. Laws Relevant to the Case Explained by the Cheongju Law Office
- 3. The Cheongju Law Office's Assistance
- - Cheongju Law Office Argument ① Intent and the Purpose of Slander
- - Cheongju Law Office Argument ② The Elements of the Offense of Insult
- 4. The Court's Decision on the Cheongju Law Office's Arguments
- - If You Need the Assistance of the Cheongju Law Office
1. The Client's Situation
The client came to the Cheongju office and requested help, seeking to bring the matter to a prompt conclusion with the assistance of a law office experienced in handling a variety of criminal cases.
How the Client Came to the Cheongju Law Office
The account of the client for a consultation is as follows.
The client, whose hobby was horseback riding, quickly became close with a person who had come to learn horseback riding, and the two became friends.
After a few months, the friend proposed that the client quit horseback riding and began speaking ill of the coach and the other students.
However, considering the relationship with the coach who had taught the client, the client declined the proposal.
After that, the friend's attitude suddenly changed, and the friend began spreading false information with the purpose of slandering the client to those around them.
Unable to tolerate it any longer, the client decided to file a complaint and looked for a Cheongju attorney with experience handling many 🔗defamation/spreading of false information cases.
2. Laws Relevant to the Case Explained by the Cheongju Law Office
The client looked for a Cheongju attorney in order to file a complaint against the offender on a charge of defamation.
The offense of defamation is a crime committed when a person publicly alleges a fact or a false fact that damages another person's reputation.
If a charge of defamation is recognized, the offense may be punished under the following provisions.
Defamation (Criminal Act Article 307)
① A person who damages another's reputation by publicly alleging a fact shall be punished by imprisonment or imprisonment without labor of up to two years or a fine of up to five million won.
② A person who damages another's reputation by publicly alleging a false fact shall be punished by imprisonment of up to five years, suspension of qualifications for up to ten years, or a fine of up to ten million won.
For the offense of defamation to be established, it is required, as a subjective element, that the person commit an act of alleging a specific fact sufficient to lower a person's social reputation, with the intent to damage another's reputation (see Supreme Court Decision 2010Do2877, October 28, 2010). Accordingly, if a person makes a remark that damages another's reputation in the course of asking a question to verify the truth of an unsavory rumor, in such a case it is difficult, in light of the motive, to recognize the intent to defame (see Supreme Court Decision 85Do588, May 28, 1985).
3. The Cheongju Law Office's Assistance
The Cheongju attorney formed a task force of three to twenty members with extensive expertise in defamation cases, established a systematic strategy, and made the following arguments.
Key Issues
1. Did the offender have intent and the purpose of slander?
2. Are the elements of the offense of insult established?
Cheongju Law Office Argument ① Intent and the Purpose of Slander
The offender was spreading false information, such as claims that the client had secretly installed a recording device and was eavesdropping.
Although the client had never eavesdropped using a recording device, the offender spread specific false information.
The attorney even emphasized that the offender had spread false information with intent and the purpose of slander, such as claims that the client would install a subminiature camera at the horseback riding center to eavesdrop.
Cheongju Law Office Argument ② The Elements of the Offense of Insult
The offense of insult is committed when a person publicly insults another.
Here, an insult refers to expressing, without alleging a fact, an abstract judgment or a contemptuous sentiment capable of lowering a person's social reputation.
"Publicly" refers to a state in which an unspecified number of people or many people can perceive it, and the offender wrote and uploaded a post on social media that disparaged the client.
The attorney emphasized that this created a state in which an unspecified number of people or many people could view it, and that the content of the post contained contemptuous material capable of lowering the client's social reputation.
4. The Court's Decision on the Cheongju Law Office's Arguments
The court accepted the Cheongju law office's arguments and imposed a fine on the offender.
The client then expressed deep gratitude to the Cheongju attorney.
If You Need the Assistance of the Cheongju Law Office
The above was a case in which the client, with the assistance of the Cheongju attorney, succeeded in obtaining a fine against the offender for the offense of defamation.
At Daeryun Law Firm, criminal defense attorneys handle representation in filing complaints and provide advice, working to guide cases favorably.
Using up-to-date analytical equipment and programs, the firm collects evidence lawfully and resolves cases promptly.
If, as in the case above, you need representation in filing a defamation complaint and advice, please request a consultation with a criminal defense attorney to entrust your case through the 🔗legal consultation booking page.
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.
