Namyangju defamation attorney | Defended a client who was the subject of a criminal complaint for defamation, “no prosecution disposition”

The client who came to a Namyangju defamation attorney said that he had been the subject of a criminal complaint for defamation,

and requested assistance, saying that he was unsure whether his conduct amounted to the crime of defamation.

In order to assist with the client's case, the Namyangju defamation attorney set out to ascertain the facts alleged against the client. The gist of the facts alleged against the client was as follows.

The Namyangju defamation attorney's client, through an SNS message, spread a false statement to a friend that the complainant was being kept by a sponsor.

The client, with the purpose of disparagement, publicly disclosed a false statement through an information and communications network and thereby damaged the complainant's reputation.

The Namyangju defamation attorney will explain the client's charge, 🔗defamation.

Defamation refers to the act of damaging a person's reputation by publicly alleging a specific fact or a false fact,

For defamation to be established, there must be (1) publicity, there must be (2) an allegation of a (false) fact, and (3) a person's reputation must be damaged.

Criminal Act, Article 307 (Defamation)

(1) A person who damages the reputation of another by publicly alleging a fact shall be punished by imprisonment with or without labor for not more than 2 years or by a fine not exceeding 5 million won.

(2) A person who damages the reputation of another by publicly alleging a false fact shall be punished by imprisonment with labor for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

If defamation is established, then where the fact is a specific fact, the punishment is imprisonment with or without labor for not more than 2 years or a fine not exceeding 5 million won, and where the fact is a false fact, the punishment is imprisonment with labor for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

The Namyangju defamation attorney's client was accused of damaging the complainant's reputation by spreading a false statement, and therefore faced the risk of imprisonment with labor for not more than 5 years or a fine not exceeding 10 million won.

In order to prevent the client's punishment, the Namyangju defamation attorney mounted the following defense.

The prosecution, having heard the Namyangju defamation attorney's argument, issued a no prosecution disposition for the client.

Through the Namyangju defamation attorney's assistance, it was proven that the crime of defamation was not established on the client's charge,

Even a conversation held in a chat room with a friend may, if its content damages someone's reputation, establish the crime of defamation.

If you are at risk of being punished for the crime of defamation like the client in this case, please find a 🔗Namyangju defamation attorney and entrust your case to them.