Case Defending Against Punishment for Defamation | Non-Referral for a Client Charged with Defamation

The client was blocked on a social media account by A, a friend from another department, for no particular reason.

Later, the client happened to see one of A's videos on another social media platform and left a comment inquiring about nose surgery with genuine intent.

However, A sent messages criticizing and pressuring the client with content that differed from the facts.

Angered by this, the client left a comment containing somewhat strong language, and as a result was reported.

In order to obtain a finding of no charge, the client requested the assistance of a lawyer specializing in criminal cases who had handled many such cases.

The penalties for defamation are as follows.

▶ Article 307 of the Criminal Act

▶ Article 70 of the Network Act

For defamation under the Network Act to be established, there must be a statement of a specific fact capable of damaging another person's reputation.

However, the comment left by the client was merely an interrogative expression simply inquiring about information related to nose cosmetic surgery.

In other words, it was emphasized that, since the content did not assert a specific fact or disparage another person but rather sought an opinion or information in the form of a question, it did not constitute a statement of a specific fact capable of damaging reputation.

This case was not an indiscriminate crime against an unspecified large number of persons, but an impulsive incident that arose when an online dispute originating from a personal misunderstanding with A escalated emotionally.

The client recognized that their message had been expressed in an excessive manner, came to deeply realize that it had caused the other party unnecessary displeasure and misunderstanding, and is sincerely repentant and reflecting.

In addition, the client pledged not to repeat similar conduct, and emphasized that they had cooperated sincerely during the investigation and actively engaged in resolving the case.

The above case is one in which a report was filed on a charge of defamation, but the client, with the assistance of a criminal-law attorney, responded actively and received a non-referral decision, bringing the matter to an amicable conclusion.

As in this case, where one becomes involved in a criminal case, it is advisable to gather evidence such as relevant messages and posts from the early stages of the case and to confirm the facts accurately.

At this firm, Daeryun Law Firm, an attorney with extensive experience in handling criminal cases consults with the client in person, grasps the overall circumstances of the case, and designs an appropriate response strategy, thereby minimizing unnecessary legal burdens.

If you are facing difficulties in a situation such as the above, please request assistance through the 🔗legal consultation reservation of Daeryun Law Firm at any time.