CONTENTS
- 1. The Client Who Requested an Examination of Evidence
- - How the Client Came to Decide on Gathering Evidence
- 2. Examination of Evidence: What Is the Case-Related Information?
- - Defamation of a Deceased Person: What Are the Elements?
- - What Is the Level of Punishment for Defamation of a Deceased Person?
- 3. Assistance Provided for an Examination of Evidence
- - Defamation Lawyer Assistance 1. Conducting an Examination of Evidence
- - Defamation Lawyer Assistance 2. Selecting the Data
- 4. Result of the Examination of Evidence: “Evidence Secured”
- - If You Need to Gather Evidence
1. The Client Who Requested an Examination of Evidence
The client who requested examination of evidence came to a defamation attorney for assistance in order to file a complaint over malicious comments about the client's child, and as a result, was able to collect hundreds of comments and file a complaint.
How the Client Came to Decide on Gathering Evidence
The child of the client who requested examination of evidence passed away recently for an unspecified reason.
The client subsequently checked the child's mobile phone and learned that the child had been subjected to cyberbullying.
Excessive criticism and insulting posts directed at the child still remained on the internet.
The client therefore resolved to file a complaint regarding the malicious posts and requested examination of evidence.
2. Examination of Evidence: What Is the Case-Related Information?
The client who requested an examination of evidence wished to secure sufficient evidence and respond to the case before filing a criminal complaint.
As in the client's account, when filing a criminal complaint on behalf of a deceased person, a relative or descendant may exercise the right to file the complaint in their stead.
Defamation of a Deceased Person: What Are the Elements?
However, as in the client's account, defamation of a deceased person is not established when a true fact is stated.
Defamation of a deceased person requires the statement of a false fact, and it must also be proven that the person who stated the false fact did so while being aware of its "falsity."
In addition, defamation of a deceased person is a crime requiring a complaint to prosecute, so an investigation can proceed only when the victim of the crime or a person entitled to file a complaint files the complaint.
If the victim has died, the persons entitled to file a complaint are limited to relatives or descendants.
What Is the Level of Punishment for Defamation of a Deceased Person?
Defamation of a deceased person is subject to the following punishment.
3. Assistance Provided for an Examination of Evidence
For the examination of evidence, the defamation attorney selected keywords and then collected valid evidence in order to assist the client.
Based on the evidence uncovered, the attorney also selected comments that could specify the charge.
Defamation Lawyer Assistance 1. Conducting an Examination of Evidence
The defamation attorney conducted the investigation by selecting target sites and keywords.
In particular, the attorney analyzed the code for each site that contained numerous malicious comments and collected evidence.
As a result, the attorney succeeded in collecting evidence of hundreds of comments.
Defamation Lawyer Assistance 2. Selecting the Data
The defamation attorney carried out a selection process based on the evidence that had been secured.
In particular, the attorney selected and analyzed comments that fell under suspicion of defamation of a deceased person.
Based on this, it was possible to select comments that could specify the charge.
4. Result of the Examination of Evidence: “Evidence Secured”
As a result of the defamation attorney's assistance to the client, it was possible to secure a large amount of material that could identify the offense.
The client, who had felt at a loss about collecting evidence, expressed gratitude, stating that through the examination of evidence it had been possible to collect a substantial amount of valid evidence.
If You Need to Gather Evidence
This was the story of a client who requested evidence collection in order to file a defamation complaint and was able to carry out a successful examination of evidence thanks to the assistance of a defamation attorney.
If evidence is collected through unlawful means, it may not be admitted as evidence and may instead lead to criminal punishment.
Therefore, it is important that an examination of evidence collect and analyze efficiently through lawful means and use this as a basis for the case.
At the law firm Daeryun, based on lawful examination of evidence, we select data relevant to the case from among vast amounts of data and assist in resolving the case.
If, as in the client's case, you need evidence collection and analysis, please request an examination of evidence by booking a 🔗legal consultation.
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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.
