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I would like to consult an insult offense attorney about the possibility of filing a criminal complaint for insult.

There is someone I got to know through a random chat app. We became close and even exchanged social media accounts. But after we had a fight, that person first mentioned my name on social media while cursing at me and threatening to kill me, and also cursed at me while mentioning my name in their story. I feel awful and angry, so I would appreciate an answer from an insult offense attorney as to whether I can file a criminal complaint for insult.

insult offense attorney

Answer to Related Inquiry

Author: 박동일

For the offense of insult to be established, the following elements must be satisfied,

According to Article 311 of the Criminal Act, the offense of insult requires the possibility that the statement could be spread to an unspecified person or to many people.

In addition, even without stating a specific fact, the offense is established where a person uses contemptuous expressions or abusive language and thereby damages another person's honor.

A person who is punished for the offense of insult is subject to imprisonment with labor or imprisonment without labor for not more than one year, or a fine of not more than 2 million won.

Next, a public prosecution can be instituted only if you, the victim, file a criminal complaint, the speaker must have had the subjective awareness that the statement insults the other person, and the complainant must prove that the other person's conduct meets the above requirements.

In addition, although the specific abusive language is not set out, considering that, as in your account, the person made threatening remarks while stating your real name and posted them in a space that an unspecified number of people can view, such as social media, it appears that publicity, an insulting expression, and identifiability are all satisfied.

First, if you intend to proceed with a criminal complaint, it is important to capture the relevant posts and preserve them as evidence.

Our firm operates an Evidence Investigation Group, a Digital Forensics Group, and a Security Group, and thereby collects substantive evidence that can work in favor of the case and actively assists clients.

If you wish to proceed with a criminal complaint for the offense of insult, please request a legal consultation with an insult offense attorney who has extensive experience handling insult cases.