CONTENTS
- 1. The Circumstances of the Case of the Client Who Held a Consultation on the Elements of an Insult Charge
- 2. What Are the Elements and Penalty Range for an Insult Charge?
- 3. The Assistance Provided After Confirming the Elements of an Insult Charge
- - The Client Is a Diligent Member of Society Who Currently Supports the Client's Parents
- - Argument That the Client Is Sincerely Repentant
- 4. Non-Prosecution Decision for a Client Who Held a Consultation on the Elements of an Insult Charge, Through Daeryun's Assistance
1. The Circumstances of the Case of the Client Who Held a Consultation on the Elements of an Insult Charge
The circumstances of the client's case, for which a consultation was conducted regarding the elements of the crime of insult and punishment for insult, are as follows.
The client was going through a psychologically very unstable period, and after seeing an article about a certain celebrity, became angry and posted a malicious comment.
About one year later, the client received a call to appear for questioning, having been told by the police station that a complaint had been filed for online insult, and immediately deleted the comment and completed the questioning alone.
However, upon receiving a referral decision after the police questioning, feeling regret over the inadequate initial response and fear of punishment, the client immediately requested assistance from this firm's insult crime attorney to defend against punishment.
2. What Are the Elements and Penalty Range for an Insult Charge?
We will explain the elements of the crime of insult, along with the level of punishment.
As social media and online communities develop, communication based on them is becoming more active.
Along with this, cases of online insult are also surging, and intense legal responses related to this are increasing as well.
Article 311 Insult A person who publicly insults another shall be punished by imprisonment with or without labor for up to one year, or by a fine of up to 2 million won. |
Online insult is the same as defamation in that the protected legal interest is external reputation, but it is distinguished from defamation in that there is no statement of a specific fact.
In addition, the crime of insult is a crime requiring a complaint to prosecute, and a public prosecution may be brought only if the victim files a complaint.
When a person insults another online, the person is punished for the crime of insult under the Criminal Act, and even a single malicious comment directed at a nickname may become subject to criminal punishment.
Even if it is not a real name, because the IP address and account information remain, identity may be disclosed even without clear identification if the investigative agency requests it, so even a comment posted anonymously makes it difficult to avoid responsibility.
Under the Criminal Act, the crime of insult provides that a person who publicly insults another shall be punished, and a person may be punished for using abusive language while disparaging another's worth.
The elements of the crime of insult are as follows.
| Specificity | A specific identity must be identified Where it can be clearly known who the victim is |
| Publicity | Possibility of dissemination An act in a place where many people can see or hear it (if only the two parties are present, a complaint is not possible) |
Malicious comments related to famous celebrities are often let go, but there are many cases in which complaints are actually filed, and in severe cases they may actually lead to punishment.
The client's comment was also one leaving contemptuous sentiment toward the celebrity, and because an insulting expression directed at a specific person was established, it was a situation in which it was difficult to avoid heavy punishment for the crime of insult.
3. The Assistance Provided After Confirming the Elements of an Insult Charge
The attorney, who conducted a consultation on the elements and level of punishment for the crime of insult, provided the following assistance.
The Client Is a Diligent Member of Society Who Currently Supports the Client's Parents
The attorney requested that consideration be given to the fact that the client was solely supporting his elderly parents and was in an emotionally and financially unstable situation as he cared for his ailing father in his stead.
The attorney also argued that the client was a diligent member of society who had lived without a single prior conviction and who had devoted himself to his workplace, where he had worked for more than 10 years.
The attorney argued that, at the time he posted the comment, the client had lent a large sum of money to a friend who had not repaid it for several years, leaving him under extreme mental stress, and that, due to this mental instability and stress, he posted the comment in a moment of anger.
However, the attorney argued that, after rereading the comment, the client was ashamed of and remorseful for his wrongdoing, saying he did not understand why he had posted such a comment, and that he expressed he would never make such a mistake again.
Argument That the Client Is Sincerely Repentant
The attorney argued that the client was sincerely repenting of the wrongdoing.
The client had forgotten having posted the comment, and after receiving contact from the investigative agency and confirming the comment, the client immediately deleted it.
The client argued that, having posted the comment in a moment of being unable to control emotion and thus apparently having deeply hurt the victim, the client hoped to have an opportunity to apologize.
On this basis, the client submitted a handwritten letter of repentance and argued for consideration of the client's resolve never to repeat the same mistake.
4. Non-Prosecution Decision for a Client Who Held a Consultation on the Elements of an Insult Charge, Through Daeryun's Assistance
The client, who requested a consultation on the elements of insult, received a non-prosecution disposition from the prosecution with the assistance of an attorney.
The sentencing conditions set out in the Criminal Act are as follows.
Article 51 (Conditions for Sentencing) The following matters shall be taken into account in determining a sentence. The offender's relationship to the victim The motive for the offense, and the means and result Circumstances after the offense |
A comment left without much thought may lead to a complaint for online insult, so one must respond to the best of one's ability to avoid leaving a criminal record.
In particular, as in the client's case, if a referral decision is received during the police investigation, it is important to obtain the assistance of a specialized attorney in order to establish a strategy to defend against punishment and respond closely during a subsequent prosecutorial investigation.
If you face the risk of punishment for online insult, we hope you overcome the difficulty through the assistance of this firm's criminal law specialist attorneys, who have extensive experience handling online insult cases.
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.
