Namyangju Attorney Office Assistance | With the Assistance of the Namyangju Attorney Office, a Defamation Client Received a Light Fine

The client who came to the Namyangju attorney office had, while visiting a plastic surgery clinic, happened to see the victim's breast augmentation photographs.

The client sent the victim's breast augmentation photographs to an acquaintance via social media and disclosed the fact that the victim had undergone breast augmentation.

The client also showed the victim's breast augmentation photographs to acquaintances met at a park and explained them.

The victim was informed of this fact by the acquaintances and filed a complaint against the client.

The client, who thus became the subject of a criminal complaint for defamation, requested the assistance of an attorney at the 🔗Namyangju attorney office in order to defend against punishment.

The attorney at the Namyangju attorney office explained that, in the client's case, the client could be punished for 🔗defamation by statement of fact.

Defamation by statement of fact

is established where a person publicly states a fact and thereby harms another person's reputation.

▶ Network Act, Article 70 (Penalty Provisions)

(1) A person who, for the purpose of defaming another, publicly states a fact through an information and communications network and thereby harms another person's reputation shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

(2) A person who, for the purpose of defaming another, publicly states a false fact through an information and communications network and thereby harms another person's reputation shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 50 million won.

(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the explicitly expressed will of the victim.

▶ Criminal Act, Article 307 (Defamation)

(1) A person who publicly states a fact and thereby harms another person's reputation shall be punished by imprisonment or imprisonment without labor for not more than 2 years or a fine not exceeding 5 million won.

(2) A person who publicly states a false fact and thereby harms another person's reputation shall be punished by imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

For the offense of defamation to be established, the element of publicity must be satisfied, meaning that the statement must have been made in a state capable of being recognized by an unspecified number of people.

The Namyangju attorney argued that conduct such as conveying information privately or personally to a specific individual or to a small number of people cannot be regarded as public, and that the element of publicity was therefore not satisfied.

The client had urged an acquaintance to “never tell anyone else,” and with respect to the acquaintances the client met at the park, the client did not directly disclose the fact of the breast augmentation surgery but rather explained it while reviewing a website containing reviews of breast augmentation procedures.

The Namyangju attorney argued that the client had merely shown photographs from the breast augmentation reviews for the purpose of sharing information and had not directly spoken about the alleged victim or shown photographs of that person, so there was no intent.

The client stated that the alleged victim had, on the contrary, gone around slandering and falsely accusing the client.

The Namyangju attorney argued that the client had filed a counter-complaint for defamation against the alleged victim and was suffering emotional distress as a result of that individual.

The client who requested assistance from the Namyangju attorney was able to receive a fine in the defamation case.

At Daeryun Law Firm, dedicated attorneys provide step-by-step assistance to clients 365 days a year, 24 hours a day.

If you have become involved in a matter such as the one described above, we encourage you to begin with a 🔗legal consultation at the Daeryun Law Firm Namyangju office at any time.