[Ansan Defamation Attorney Defense Case] SNS Defamation Client Acquitted With the Assistance of an Ansan Defamation Attorney

This is the story of the client who requested assistance from an Ansan defamation attorney.

The client suffered school violence while attending school.

However, the client did not receive a proper apology from the perpetrators of the school violence.

Resolving to retaliate in this unfair situation, the client publicly disclosed the school violence through social media.

The client named the perpetrators by their real names and described in explicit detail the circumstances at the time of the school violence.

The post was shared with many people, and word also reached the perpetrators, so the client ended up in a situation where she faced punishment for defamation.

The client, feeling wronged and indignant, came to the Ansan defamation attorney.

■ Statutes related to the case, explained by an Ansan defamation attorney

▶Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

A “purpose to defame” is, in the direction of the actor’s subjective intent, opposed to a purpose serving the public interest, so where the fact stated concerns the public interest, a purpose to defame is denied absent special circumstances. - Supreme Court, Judgment of March 2, 2020, 2018Do15868

▶Article 70 (Penalty Provisions)

(1) A person who, with the purpose of defaming another person, openly states a fact through an information and communications network and thereby harms another person’s reputation shall be punished by imprisonment of up to three years or a fine of up to 30 million won.

(2) A person who, with the purpose of defaming another person, openly states a false fact through an information and communications network and thereby harms another person’s reputation shall be punished by imprisonment of up to seven years, suspension of qualifications for up to ten years, or a fine of up to 50 million won.

(3) A public prosecution for the offenses under paragraphs (1) and (2) may not be instituted against the clearly expressed will of the victim.

The Ansan defamation attorney argued that the defendant had no record whatsoever of the same type of offense.

As a result of collecting evidence from the defendant’s social media, the attorney demonstrated that this was the first time the defendant had made such a public disclosure.

The Ansan defamation attorney emphasized that the defendant was a diligent member of society with no record of the same type of offense.

The Ansan defamation attorney was able to clearly confirm that there was no falsehood in the defendant’s statements about the content she had posted on social media.

The attorney confirmed that the statements of the defense witnesses were consistent with those of the defendant, and on that basis argued that the defendant’s statements were close to the truth.

The Ansan defamation attorney appealed for a reduced sentence in light of the fact that the defendant, despite the fear of punishment for defamation, found the courage to disclose the truth.

The Ansan defamation attorney argued that the post the defendant wrote through social media was not false.

The attorney noted that, while writing a false post would constitute the offense in defamation, the defendant wrote the post based on facts supported by various items of evidence and text messages with the perpetrating student.

The Ansan defamation attorney argued that the content the defendant posted on social media was based on fact, and therefore asked that the defendant’s innocence be established.

With the assistance of the Ansan defamation attorney, the client, who had reported the school violence on social media and faced a defamation case, was able to be acquitted.

The client expressed gratitude for being able to obtain an acquittal with the help of the Ansan defamation attorney.

If you need a defense in a defamation case as in the example above, you may consult with a defamation attorney at Daeryun Law Firm.