False Accusation

In order for a person who has committed false accusation to have the sentence reduced or remitted, the confession must be made before the trial or disciplinary action concerning the case becomes final. (Articles 153 and 157 of the "Criminal Act")

A ‘confession’ that constitutes a mandatory ground for reduction or exemption of punishment in the crime of false accusation refers to acknowledging one’s own criminal conduct, that is, admitting that one reported false facts to a public office or public official with the intent of causing another person to be subjected to criminal or disciplinary punishment.

Therefore, merely acknowledging that the reported content is contrary to objective fact does not constitute a confession.

Supreme Court Decision, Sept. 5, 1995, 94Do755

Arrest is the procedure of bringing a suspect, where there are reasonable grounds to suspect that the person has committed a crime, to a designated place.

Arrest includes arrest by warrant, arrest of a person caught in the act, and emergency arrest, and the securing of custody is carried out according to the respective requirements and procedures.

If a false accusation leads to detention, the suspect may be deprived of physical liberty for a prolonged period under the misapprehension that the person committed a crime.

Detention is possible when requirements such as the risk of destruction of evidence or flight are met, and in cases arising from false accusation, there is a risk that these requirements may be interpreted unfairly.

Conversely, when a person who has committed false accusation becomes a suspect, the possibility of detention is assessed through the same procedure.

Once the investigative authority has determined whether a false accusation occurred, the investigation is concluded.

The outcome of the case thereafter varies depending on whether a genuine crime exists and whether there was an intentional false report.

If the false accusation charge is established, the prosecutor brings a public prosecution; otherwise, a non-prosecution disposition such as no suspicion of crime or insufficient evidence is issued.

Before the investigative authority’s questioning, it is important to clearly organize the facts and to establish a consistent direction for one’s statement.

This is because the credibility of the initial statement can have a significant effect on the investigative authority’s assessment of the case as a whole.

Where the false accusation charge does not accord with the facts, the charge should be clearly denied and materials capable of proving the substantive truth should be secured.

Because the consistency and specificity of the statement and the logical coherence of the circumstances affect the investigative authority’s assessment, a position organized in advance is necessary.

Depending on the matter, resolving the dispute through a civil or criminal settlement or conciliation between the parties may also be considered.

A settlement agreement should clearly set out the key terms such as confirmation of the facts, compensation for damages, and waiver of future claims, and because a settlement concluded on one-sided terms carries the possibility of a recurrence of the dispute, careful review of the entire content is necessary.

Where a false accusation has caused harm to reputation, social disadvantage, or mental injury, a claim for civil damages may be brought.

This is an important procedure for recovering from the harm, separate from the criminal response to the false accusation.

Daeryun Law Firm has numerous criminal attorneys, and it establishes strategies by analyzing case law on the establishment of crimes and similar matters.

By closely analyzing a range of precedents and similar cases concerning whether the crime of false accusation is established, it identifies key issues such as whether a complaint was false and whether the facts were distorted.

It also works in cooperation with its in-house Evidence Investigation Center to focus on securing objective materials capable of proving the substantive truth, such as text messages, call records, location data, CCTV footage, and recordings, thereby supporting the presentation of credible arguments to investigative authorities and the court.

Because the course of a false accusation case can change significantly depending on the manner of the initial response, if you are suffering harm from false facts or have been wrongly identified as a suspect and are facing difficulty in responding, you may request a consultation with a criminal attorney at Daeryun Law Firm at any time.