Incheon Defamation Attorney | Representing a Complaint for Defamation and Interference With Business, Securing the Offender's Conviction

2024.12.11박동일

An Incheon defamation attorney represented the client, who had suffered defamation and interference with business and sought a defamation attorney. The Incheon defamation attorney secured the offender's conviction through representation of the complaint.

1. The Client Who Sought an Incheon Defamation Attorney

The client who sought an Incheon defamation attorney asked that the offender be subjected to heavy punishment, stating that she had suffered defamation and interference with business.

The account the Incheon defamation attorney reviewed was as follows.

The client ran a small restaurant in her neighborhood and was in the middle of divorce litigation with her husband.

On the day of the incident, however, the husband's mother, that is, the client's mother-in-law, came to the restaurant and shouted that the client had committed adultery and was therefore divorcing her son.

She not only continued to hurl abuse at the client but also spread false statements about the client to the other employees working at the restaurant.

The client politely asked the mother-in-law to leave, but she did not leave for several tens of minutes, and she left the restaurant only after a security guard was dispatched.

The client therefore sought an Incheon defamation attorney, asking that the mother-in-law be punished on charges of defamation, interference with business, and refusal to leave.

The Criminal Complaint Procedure Reviewed With an Incheon Defamation Attorney

If, like the Incheon defamation attorney's client, you have suffered harm in a criminal case, you may consider filing a criminal complaint.

A criminal complaint proceeds according to the following procedure.

Occurrence of criminal harm ▶ Criminal complaint or report ▶ Police investigation ▶ Referral to and investigation by the prosecution ▶ Indictment / non-prosecution ▶ Trial ▶ Execution of sentence

When an Incheon defamation attorney is entrusted with a criminal complaint case, the attorney assists in every step, from filing the criminal complaint immediately after the criminal harm occurs through to the execution of the sentence.

2. The Mother-in-Law's Charges in the Incheon Defamation Attorney's Case

The Incheon defamation attorney's client asked that the mother-in-law be punished on charges of defamation, interference with business, and refusal to leave. We will review each charge and its level of punishment.

Defamation Reviewed With an Incheon Defamation Attorney

The Incheon defamation attorney's client suffered 🔗defamation / dissemination of false statements. Defamation refers to the crime of harming another person's reputation by stating a fact.

Here, the level of punishment varies according to whether the fact stated is true or false.

If the statement is true, it is punishable by imprisonment or confinement for not more than 2 years or by a fine not exceeding 5 million won; where it is false, it is punishable 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.

Interference With Business Reviewed With an Incheon Defamation Attorney

The Incheon defamation attorney's client also suffered interference with business. Interference with business refers to the crime of interfering with a person's business.

If the charge is established, it is punishable by imprisonment for not more than 5 years or by a fine not exceeding 15 million won.

Refusal to Leave Reviewed With an Incheon Defamation Attorney

The Incheon defamation attorney's client lastly suffered refusal to leave. Refusal to leave refers to the crime of entering another person's dwelling, managed structure, vessel, or the like and then refusing to leave despite a demand to do so.

If the charge is established, it is punishable by imprisonment for not more than 3 years or by a fine not exceeding 5 million won.

3. The Incheon Defamation Attorney's Representation of the Criminal Complaint

The Incheon defamation attorney undertook representation of the client's criminal complaint as follows.

▷Defamation

The client's mother-in-law shouted, loudly enough to be heard outside the restaurant, that the client had committed adultery.

Because the client had never committed adultery, the attorney emphasized that the charge of defamation by stating a false fact should apply to the mother-in-law.

▷Interference With Business

The client's mother-in-law spoke to and shouted at the client and the client's restaurant employees, intimidating them, and refused the demand to leave.

The case law holds that interference with business is established even if the result of the interference does not actually occur, so long as a risk of bringing about that result arises.

▷Refusal to Leave

The client's mother-in-law entered the client's restaurant and remained for several tens of minutes despite the demand that she leave.

Because the mother-in-law's conduct clearly constitutes refusal to leave, the attorney argued that heavy punishment should be imposed.

4. The Judgment Obtained by the Incheon Defamation Attorney

After reviewing the attorney's submissions, the court imposed a fine on the client's mother-in-law and confirmed her conviction.

If a person receives a penalty of a fine or heavier, it is recorded in the criminal history data and remains on the criminal record.

With the attorney's assistance, the client was able to obtain a conviction against the mother-in-law, who had committed three offenses against her.

If you, like the client in this case, need assistance with representation in filing a criminal complaint, you may at any time obtain an 🔗attorney referral and seek assistance.

인천명예훼손변호사 | 명예훼손 및 업무방해 피해 의뢰인 고소 대리해 가해자 유죄 확정

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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