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Deals & Cases

Insult / Contempt

[Criminal Complaint Attorney Retention Case] Case Referred to the Prosecutors' Office with the Support of a Criminal Complaint Attorney

The client, who visited Daeryun to look into retaining an attorney for filing a criminal complaint, sought to file a criminal complaint for insult against an unidentified party.

CONTENTS
  • 1. The Client Who Came to Retain a Criminal Complaint Attorney
    • - How the Client Came to Decide to Retain a Criminal Complaint Attorney
    • - Statutes and Precedents on Insult Explained Before Retaining a Criminal Complaint Attorney
  • 2. The Support Received After Retaining a Criminal Complaint Attorney
    • - The First Form of Support After Retaining a Criminal Complaint Attorney
    • - The Second Form of Support After Retaining a Criminal Complaint Attorney
  • 3. From Retaining a Criminal Complaint Attorney to the Referral to the Prosecutors' Office

1. The Client Who Came to Retain a Criminal Complaint Attorney

While looking into retaining a criminal complaint attorney, the client visited Daeryun. The client requested an attorney's assistance in pursuing the complex criminal procedure for filing a criminal complaint against an unidentified party.

How the Client Came to Decide to Retain a Criminal Complaint Attorney

The client was walking along a street with heavy foot traffic, together with a companion. During that time, the client got into a dispute with some members of a group of strangers.

On the street where many passersby were walking, the client was subjected to unspeakably foul verbal abuse from the other party.

The client and the companion tried to simply walk past, but the members of the other group kept following and continued to hurl severe verbal abuse.

Unable to tolerate it, the client and the companion reported the matter to the police on the spot and looked into retaining a criminal complaint attorney.

Statutes and Precedents on Insult Explained Before Retaining a Criminal Complaint Attorney

Criminal Act Article 311 (Insult)

A person who publicly insults another shall be punished by imprisonment or imprisonment without labor for not more than one year, or a fine not exceeding two million won.

Supreme Court 2016 precedents, etc.

The insult referred to in the crime of insult means expressing an abstract judgment or a contemptuous sentiment that is capable of lowering a person's social standing, without stating any fact.

Nor is it required that the victim's external reputation be actually harmed, or that a concrete and real danger of harm arise.

Supreme Court 2016 precedents, etc.

The Supreme Court has held, in a case where a person loudly hurled verbal abuse at police officers who responded to a 112 emergency call, that the person committed an act of insult that posed a danger of lowering the assessment of the individual police officer's personal dignity by directing abuse containing contemptuous expressions at the individual officer.

2. The Support Received After Retaining a Criminal Complaint Attorney

After the criminal complaint attorney was retained, Daeryun provided the client with various forms of support available in the criminal complaint procedure.

The First Form of Support After Retaining a Criminal Complaint Attorney

The first form of support the client received after retaining the criminal complaint attorney was identifying the other party.

Because filing a complaint against an unidentified party takes a long time to investigate, it was important to identify the other party and then file the complaint.

To identify the other party, Daeryun filed a request for preservation of CCTV evidence, ascertained the other party's appearance and personal information, and succeeded in identifying the other party in the client's case.

The Second Form of Support After Retaining a Criminal Complaint Attorney

The second form of support the client received after retaining the criminal complaint attorney was the attorney accompanying the client to the complainant's questioning.

When the client received contact from the investigator for the complainant's questioning, the attorney confirmed the assigned detective and coordinated the questioning schedule on the client's behalf,

prepared for the questions expected from the investigative agency, attended together and underwent the questioning.

The client was able to undergo the questioning calmly and, with the attorney's assistance, was able to give a consistent statement.

3. From Retaining a Criminal Complaint Attorney to the Referral to the Prosecutors' Office

After the criminal complaint attorney was retained, the matter proceeded quickly through to the referral to the prosecutors' office. With the attorney's assistance, the case was referred to the prosecutors' office.

If You Are Looking into Retaining a Criminal Complaint Attorney, Consider Daeryun

If you are looking into retaining a criminal complaint attorney, you may consult Daeryun Law Firm's Criminal Group.

Daeryun Law Firm also provides advice to complainants from the early stages of a complaint, based on its expertise.

At Daeryun Law Firm, attorneys and attorneys specializing in criminal law handle cases directly.

On the client's behalf, the attorney drafts the complaint based on specialized knowledge, and if the case is not referred to the prosecutors' office, so that the prosecution may review the case directly, the engagement also includes filing an objection to assist the client.

If you are considering filing a criminal complaint and would like an attorney's assistance, you may visit Daeryun Law Firm for a consultation.

[형사고소 변호사선임] 모욕죄 형사고소, 변호사를 선임하여 확실히 진행하자

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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