Deals & Cases

Violation of the Network Act (defamation)
Violation of the Network Act (defamation)Non-referral (police)

Defamation Punishment Defense | Defamation Charge Arising From a Part-time Job Review, Non-referral

The client, who came to defend against punishment for the crime of defamation, requested assistance from a criminal attorney in order to respond strategically to the case and avoid punishment while facing defamation charges.

1. The Client Who Requested a Defense Against Defamation Punishment

Defamation punishment defense strategy criminal attorney case study

This is an actual case in which a client who faced the risk of punishment for defamation received systematic assistance from a criminal attorney and succeeded in defending against punishment by obtaining a non-referral decision on the defamation charge.

The Client's Account of How a Defamation Charge Arose

The client, who was a university student, was working a part-time job.

However, after being continuously disregarded by the employer, the client eventually quit.

In that process, the client wrote a part-time job review on a bulletin board, reflecting the sense of injustice the client had felt.

However, as that review post became known to the employer, the employer filed a criminal complaint against the client for defamation.

The client felt great anxiety at the sudden complaint and was trembling with fear that the client might be subjected to punishment for defamation and branded a criminal because of a post written in good faith.

The client, who was even experiencing difficulties in school life, decided to entrust the case to Daeryun's criminal attorney in order to receive help from a specialist attorney from the early stage of the case.

2. What Is the Sentencing for Defamation Punishment?

Daeryun criminal attorney case study defamation punishment and sentence

Punishment for the crime of defamation is provided for in Article 307 of the Criminal Act, and the offense is established when another person's reputation is harmed.

▶ Article 307 of the Criminal Act

Defamation

Imprisonment with or without labor for not more than 2 years or a fine of not more than 5 million won

However, if, as in the client's case, a person harms another's reputation by openly disclosing a fact through an information and communications network, that person is punished under Article 70 of the Network Act.

▶ Article 70 of the Network Act (Penal Provisions)

Defamation by stating a fact

through an information and communications network

Imprisonment for not more than 3 years or a fine of not more than 30 million won

If a person harms another's reputation with the purpose of defaming by openly stating a false fact through an information and communications network, the punishment becomes even heavier.

▶ Article 70 of the Network Act (Penal Provisions)

Defamation by stating a false fact

through an information and communications network

Imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 50 million won

3. Defamation Punishment Defense Strategy: A Comprehensive Response

Through consultation, Daeryun's criminal attorney understood the client's psychological state well and promptly proposed legal response measures regarding the unjust situation the client had experienced.

For the client, who was trembling with anxiety over punishment for defamation due to the sudden complaint, the criminal attorney actively provided assistance through the following strategy.

Punishment Defense Strategy (1): Rebutting the Complainant's Claims

The complainant claimed that the client had written a part-time job review containing false statements and thereby damaged the complainant's reputation.

In response, the criminal attorney emphasized that the client had written an account based on facts actually experienced, and argued that the purpose of the client's writing was merely to express a personal sense of injustice and that there was no intent to defame.

Punishment Defense Strategy (2): Emphasizing the Absence of Intent

The criminal defense attorney, taking into account that the review the client had written was posted in an online community and thus acknowledging "publicity," argued that the purpose of the client's writing of the post was not to commit defamation.

The client merely wished to share his own experience and had no intent whatsoever to lower another person's social reputation.

The criminal defense attorney supported this point through Supreme Court precedent and strongly argued that there had been no intent.

▶ Supreme Court Decision 2010Do2877, decided October 28, 2010

For the crime of defamation to be established, it is required that, as a subjective constituent element, the act of stating specific facts sufficient to lower a person's social reputation be carried out with the intent to harm another person's reputation.

Punishment Defense Strategy (3): Gathering and Submitting Sentencing Materials

The criminal attorney systematically collected materials for sentencing in order to mitigate the client's unfavorable situation, and submitted them by including them in a written opinion.

Emphasizing that the client was deeply reflecting through this case, the attorney made every effort to the end so that the client could avoid punishment.

In this process, the criminal attorney emphasized that the client had not intentionally committed defamation, and earnestly requested leniency in consideration of the circumstances in which the case arose.

4. Successful Defense Against Defamation Punishment, Final Result “Non-referral”

defamation punishment defense success non-referral decision

Accepting the argument of Daeryun's criminal attorney, the police ultimately rendered a “no suspicion of crime (non-referral) decision” on the ground of insufficient evidence.

As a result, the client was able to escape the risk of defamation punishment, and was able to attain psychological stability and devote themselves to school life.

If You Are Facing a Defamation Charge?

The above was the case of a client who was charged with defamation due to a review post but concluded the case with a non-referral (police) decision through the assistance of a criminal attorney.

Daeryun made an accurate diagnosis at the early stage of the case and resolved the client's issue in cooperation with an attorney who had handled numerous related cases.

Daeryun LLC closely analyzes the client's situation based on a deep understanding of and experience with the case type.

In addition, from the early stage of the case, Daeryun clearly identifies the legal issues through an accurate diagnosis and assists the client.

If you are accused of defamation and need to defend against punishment, we hope you will request assistance from Daeryun's 🔗criminal attorney, which has established an emergency response system.

Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides trust-based legal services.

명예훼손죄처벌

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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