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Deals & Cases

Defamation

Ulsan Defamation Attorney Assistance Case | Acquittal for a Client Charged with Defamation

The client who came to an Ulsan defamation attorney visited the Ulsan branch office to request help from a specialized attorney who had handled many defamation cases in the Ulsan area.

CONTENTS
  • 1. The Client Who Came to the Ulsan Defamation Attorney
    • - The Client Involved in a Defamation Charge
  • 2. The Laws Related to the Case, Explained by an Ulsan Defamation Attorney
    • - What Are the Elements of the Crime of Defamation?
    • - What Is the Punishment for the Crime of Defamation?
  • 3. The Ulsan Defamation Attorney's Case Response Strategy
    • - Ulsan Attorney's Assistance (1) Absence of Publicity
    • - Ulsan Attorney's Assistance (2) Absence of Intent
  • 4. Result of the Ulsan Defamation Attorney's Assistance, “Not Guilty”
    • - If You Are Involved in a Defamation Charge

1. The Client Who Came to the Ulsan Defamation Attorney

Daeryun Ulsan defamation attorney crime of defamation acquittal example

This is a case in which the client who came to an Ulsan defamation attorney was accused of the crime of defamation, but, working through the case together with the Ulsan attorney, obtained dismissal of the prosecutor's appeal and an acquittal.

The Client Involved in a Defamation Charge

The circumstances of the client who came to the Ulsan defamation attorney to request assistance are as follows.

The client began to quarrel after a difference of opinion arose during a conversation with Mr. A, with whom he worked at a café.

Angered, the client continued the dispute, loudly mentioning a private matter concerning Mr. A.

Mr. A filed a complaint against the client on the ground that the client had publicly stated facts in the presence of other employees, thereby damaging his reputation.

Afterward, the court rendered a verdict of 'acquittal' on this case at the first instance, but the prosecutor filed an appeal.

The client came to the Ulsan defamation attorney in order to proceed with the case together with an experienced attorney who has handled numerous 🔗defamation/dissemination of false information cases and to resolve the problem promptly.

2. The Laws Related to the Case, Explained by an Ulsan Defamation Attorney

The client involved in a charge of defamation wished to have the prosecutor's appeal dismissed and the original judgment upheld.

Let us examine what the requirements for this crime to be established are, and what the penalties are.

What Are the Elements of the Crime of Defamation?

For this charge to be established, the following requirements must be met.

Publicity ▶ A state in which an unspecified or large number of people can perceive it

Specificity ▶ A state in which it is possible to identify who the victim is

Intent ▶A state in which there is intent to harm one's social reputation

What Is the Punishment for the Crime of Defamation?

If all of the above requirements are satisfied, this charge may be found, and a person may be punished.

Where one publicly states facts and thereby defames another

Imprisonment with or without labor for not more than 2 years or a fine not exceeding 5 million won

Where one publicly states false facts and thereby defames another

Imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won

This crime may be accompanied not only by criminal punishment but also by a civil claim for damages, so careful response is needed.

3. The Ulsan Defamation Attorney's Case Response Strategy

Daeryun Ulsan defamation attorney criminal case assistance example

The Ulsan defamation attorney conducted a careful consultation with the client and established a systematic strategy.

To have the prosecutor's appeal dismissed, the attorney made the following arguments.

Ulsan Attorney's Assistance (1) Absence of Publicity

The client was the subject of a complaint on the ground that he had damaged the victim's reputation in the presence of another employee.

However, the employee who heard the statement at the time was a person in a particularly close relationship with the victim, and the situation was one in which the likelihood that the content of the conversation would be leaked externally was extremely low.

This corresponds to a case where there is a high expectation of confidentiality, and as a result, publicity may be regarded as negated.

Accordingly, it was emphasized that the element of publicity, among the elements of the crime of defamation, was not satisfied.

Ulsan Attorney's Assistance (2) Absence of Intent

While the client was in an argument with the victim, the victim said something to the effect of "say whatever you want," and the client, in a heightened emotional state, made the remark in question.

However, since the remark was not made with an intent to harm the victim's reputation, it is difficult to find that there was intent to defame.

The defense therefore emphasized that the element of intent, among the elements of the crime of defamation, was not satisfied.

4. Result of the Ulsan Defamation Attorney's Assistance, “Not Guilty”

The court, accepting the argument of the Ulsan defamation attorney, dismissed the prosecutor's appeal and again pronounced ‘acquittal’ at the second instance.

The client, who was acquitted through the systematic assistance of the Ulsan attorney, expressed deep gratitude.

If You Are Involved in a Defamation Charge

This crime requires complex judgments regarding the statement of facts and the expression of opinion, public interest, and grounds for excluding illegality, so it is advisable to receive assistance from a specialized attorney.

At Daeryun, 🔗criminal law attorneys with extensive know-how establish tailored strategies through accurate ascertainment of the facts and thorough review of legal principles, and resolve cases promptly.

The firm also provides follow-up management services, such as responding promptly when an additional lawsuit is filed and supporting programs for psychological stability and emotional support.

If you are facing difficulty after being involved in a criminal case, please entrust your case through an Ulsan attorney 🔗legal consultation booking.

울산명예훼손변호사 조력 사례 | 명예훼손 혐의 의뢰인, 무죄

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.

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