CONTENTS
- 1. The Client Who Sought an Anyang Criminal Law Attorney
- - Background of How the Defamation Charge Arose
- 2. Defamation Explained by an Anyang Criminal Law Attorney
- - Elements of Defamation
- - Sentencing for Defamation
- 3. Three Areas of Assistance by the Anyang Criminal Law Attorney
- - Assistance by the Criminal Lawyer 1. No Publicity
- - Assistance by the Criminal Lawyer 2. The Statement Cannot Be Proven
- 4. Outcome of the Anyang Criminal Law Attorney's Assistance: “Non-prosecution”
- - If You Are Involved in a Defamation Charge
1. The Client Who Sought an Anyang Criminal Law Attorney
The client who requested the assistance of the Anyang criminal law specialist attorney came to the criminal law specialist attorney at the Anyang branch office in order to defend against criminal punishment for defamation.
Background of How the Defamation Charge Arose
The client recently had a drink with an acquaintance and got into an argument with the acquaintance.
While the quarrel continued, the client made a remark disparaging the acquaintance.
The acquaintance reported the client for 🔗defamation/dissemination of false information, and the client was placed at risk of criminal punishment.
The client therefore requested the assistance of an Anyang criminal law specialist attorney to defend against criminal punishment.
2. Defamation Explained by an Anyang Criminal Law Attorney
As with the client of the Anyang criminal specialist attorney, where a person is suspected of having defamed another, this can lead to criminal punishment.
The requirements for defamation to be established are as follows.
Elements of Defamation
Such defamation is established where a person spreads a fact or a false fact and thereby damages another person's reputation.
However, for defamation to be established, the following requirements must be met.
It is established only where the act is carried out in a state perceivable by an unspecified number of people.
② Specificity
It must be specified at whom the act is directed.
③ Intent
It is necessary to confirm whether there was intent to damage another person's reputation.
Sentencing for Defamation
Such defamation is punished pursuant to Article 307 of the Criminal Act, and the sentencing level varies depending on the matter.
The sentencing levels are as follows.
| Defamation by Stating Facts | Imprisonment with or without labor for not more than 2 years, or a fine not exceeding 5 million won |
| Defamation by Stating False Facts | Imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won |
| Defamation of a Deceased Person | Imprisonment with or without labor for not more than 2 years, or a fine not exceeding 5 million won |
For such a crime of defamation, it must be proven that the victim's reputation was actually harmed, and the punishment may vary depending on the situation, so it is advisable to resolve the case with the help of a specialized attorney.
3. Three Areas of Assistance by the Anyang Criminal Law Attorney
The Anyang criminal law attorney formed a task force of attorneys with extensive criminal case experience to assist the client.
Having quickly grasped the client's case and established a tailored strategy, the Anyang criminal law attorney argued as follows on that basis.
Assistance by the Criminal Lawyer 1. No Publicity
The place where the client had the dispute with the acquaintance was the client's home.
At the time, the only people present at the scene of the incident, other than the client and the victim, were two other acquaintances.
Accordingly, the attorney emphasized that there was no possibility of the statements made at the incident being spread externally, and that publicity was therefore not established.
Assistance by the Criminal Lawyer 2. The Statement Cannot Be Proven
The victim claimed that the client's remarks had defamed her.
However, the client stated that he had never made such remarks, and the remarks were not recorded in the transcript either.
The attorney therefore emphasized that the client's remarks were not proven, and that defamation accordingly did not stand.
4. Outcome of the Anyang Criminal Law Attorney's Assistance: “Non-prosecution”
As a result of the Anyang criminal attorney’s assistance, the prosecution rendered a non-prosecution decision, finding no suspicion of crime due to insufficient evidence.
The client, who had been worried that the matter could lead to criminal punishment, expressed deep gratitude to the Anyang criminal attorney.
If You Are Involved in a Defamation Charge
This was the account of a client who was able to obtain a decision of non-prosecution through the assistance of an Anyang criminal attorney.
As in the client's account, defamation is a matter that can lead not only to criminal punishment but also to a civil case.
Therefore, if you become implicated in a defamation case, it is important to prepare a prompt response through the assistance of an experienced attorney.
At Daeryun Law Firm, a team of experienced attorneys is formed to respond to related cases that may arise in connection with such criminal cases, and assists clients.
If you become implicated in a defamation charge, please request the assistance of an Anyang criminal attorney without delay through 🔗legal consultation booking.
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.
