CONTENTS
- 1. Gimhae Sexual Offense Attorney | The Charges Against the Client
- 2. Gimhae Sexual Offense Attorney | Review of the Law
- - Gimhae Sexual Offense Attorney | False Accusation
- 3. Gimhae Sexual Offense Attorney | Assistance
- - Gimhae Sexual Offense Attorney | Difficult to Find Intent to Make a False Accusation
- - Gimhae Sexual Offense Attorney | The Client Was in a Blackout State
- - Gimhae Sexual Offense Attorney | The Client Has No Criminal Record
- 4. Gimhae Sexual Offense Attorney | The Judgment
1. Gimhae Sexual Offense Attorney | The Charges Against the Client
The Gimhae sexual offense attorney's client had submitted a criminal complaint claiming that she had been raped by Mr. A.
During the police investigation, the client also stated, in substance, that Mr. A had raped her twice while she was in a condition of inability to resist.
In fact, however, the client had merely had sexual relations with Mr. A by mutual consent, and Mr. A had not raped her by taking advantage of any condition of inability to resist or through violence or intimidation.
As a result, the client faced the charge of having made a false accusation for the purpose of causing Mr. A to receive a criminal disposition.
2. Gimhae Sexual Offense Attorney | Review of the Law
Criminal Act Article 297 (Rape)
A person who rapes another person through violence or intimidation shall be punished by imprisonment for a definite term of not less than three years.
If, as the client claimed, Mr. A had in fact committed rape, Mr. A could have been punished by imprisonment for a definite term of not less than three years under Article 297 of the Criminal Act.
Criminal Act Article 156 (False Accusation)
A person who reports false facts to a public office or public official for the purpose of causing another person to receive a criminal or disciplinary disposition shall be punished by imprisonment for not more than ten years or a fine not exceeding 15 million won.
Although the client had had sexual relations with Mr. A by mutual consent, she committed false accusation by reporting that she had been raped.
Because she reported false facts to a police official for the purpose of causing Mr. A to receive a criminal disposition, she faced, under Article 156 of the Criminal Act, the risk of imprisonment for not more than ten years or a fine not exceeding 15 million won.
Gimhae Sexual Offense Attorney | False Accusation
The false accusation committed by the Gimhae sexual offense attorney's client is established when the report of false facts reaches the investigative authority.
🔗False accusation carries the severe punishment of imprisonment for not more than ten years or a fine not exceeding 15 million won.
This is because such conduct can be regarded as obstructing the work of the investigative authority with clear intent, and it is therefore dealt with strictly.
3. Gimhae Sexual Offense Attorney | Assistance
The client who came to the Gimhae sexual offense attorney earnestly requested that, at the very least, a term of imprisonment be avoided.
The Gimhae sexual offense attorney took up the client's request and set about providing assistance.
Gimhae Sexual Offense Attorney | Difficult to Find Intent to Make a False Accusation
The Gimhae sexual offense attorney's client filed the complaint and gave her statement exactly as the facts existed in her memory, so it is difficult to find an intent to make a false accusation.
The Supreme Court has held as follows.
In the crime of false accusation, the report of false facts means reporting with definite or conditional awareness that the reported facts are contrary to objective fact. Therefore, even if the report does not accord with objective fact, the crime of false accusation is not established where the reporting party was convinced that it was true at the time of reporting. |
It can thus be seen that false accusation is not established merely because a report does not accord with objective fact.
Gimhae Sexual Offense Attorney | The Client Was in a Blackout State
At the time of the incident, the Gimhae sexual offense attorney's client had far exceeded her drinking limit and was in a blackout state.
The client believed that she had had sexual relations with Mr. A while she had no memory, and she could only conclude that this had been against her will, so she recorded her belief exactly as it was in the complaint and filed it.
Gimhae Sexual Offense Attorney | The Client Has No Criminal Record
The Gimhae sexual offense attorney's client is a first-time offender who has never committed any crime.
In this matter as well, she merely filed the complaint according to her own belief, and she did not pursue the complaint with the intent of causing Mr. A to receive criminal punishment.
4. Gimhae Sexual Offense Attorney | The Judgment
Having heard the Gimhae sexual offense attorney's defense, the court issued a suspended sentence, even though the client had committed false accusation, which carries imprisonment for not more than ten years or a fine of up to 15 million won.
If you find yourself in a situation like that of the Gimhae sexual offense attorney's client, you should seek the assistance of a sexual offense attorney and respond at once.
False accusation can cause very significant harm and may therefore lead to serious punishment.
Please reach out to Daeryun LLC and entrust your matter to us. We will provide assistance with the most suitable response.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
