CONTENTS
- 1. The Client Who Sought a Suncheon Criminal Case Attorney
- - The Argument of the Suncheon Criminal Case Attorney's Client
- 2. False Accusation Explained by a Suncheon Criminal Case Attorney
- 3. The Suncheon Criminal Case Attorney's Assistance in the Client's Case
- - Assault and Intimidation by the Perpetrator in the Suncheon Criminal Case Attorney's Case
- - The Attitude of the Suncheon Criminal Case Attorney's Client
- 4. The Judgment for the Suncheon Criminal Case Attorney's Client
1. The Client Who Sought a Suncheon Criminal Case Attorney
The client who came to a Suncheon criminal case attorney sought a criminal case attorney, stating that the client had been charged with false accusation.
The summary of the facts charged against the client of the Suncheon criminal case attorney was as follows.
The client had sexual relations with the complainant by mutual consent, and after the relations, upon seeing a text message that arrived on the complainant's mobile phone, the client learned that the complainant was a married man.
Angered by this, the client decided to file a complaint against the complainant on a charge of rape.
Through the attorney in charge, the client prepared and submitted a false complaint stating that the client had been raped by the complainant, for the purpose of causing the complainant to be subjected to criminal punishment.
By doing so, the client was alleged to have falsely accused the complainant.
The Argument of the Suncheon Criminal Case Attorney's Client
The client of the Suncheon criminal case attorney denied all of the facts charged as described above.
Stating that this was deeply unjust, the client asked the Suncheon criminal case attorney to help clear the charges.
2. False Accusation Explained by a Suncheon Criminal Case Attorney
The charge against the client of the Suncheon criminal case attorney was false accusation. False accusation refers to the crime of reporting false facts to a public office or public official for the purpose of having another person subjected to criminal punishment or the like. In short, it refers to a false complaint or accusation.
Criminal Act, Article 156 (🔗False Accusation)
A person who reports false facts to a public office or public official for the purpose of having another person subjected to criminal or disciplinary punishment shall be punished by imprisonment for not more than ten years or a fine not exceeding fifteen million won.
Under the Criminal Act, false accusation is punishable by imprisonment for not more than ten years or a fine not exceeding fifteen million won.
Because false accusation may cause another person to be punished for a crime they did not commit and obstructs the duties of public officials and public offices, it is punished severely. The Suncheon criminal case attorney decided to provide assistance in order to prevent the client from being punished.
3. The Suncheon Criminal Case Attorney's Assistance in the Client's Case
The Suncheon criminal case attorney provided assistance in the client's case as follows.
Assault and Intimidation by the Perpetrator in the Suncheon Criminal Case Attorney's Case
In the case handled by the Suncheon criminal case attorney, the perpetrator pushed the client onto a bed, prevented the client from resisting, and forcibly committed sexual intercourse.
At the time, the client did resist the perpetrator, but out of fear of suffering greater violence, the client could not resist any further.
The Attitude of the Suncheon Criminal Case Attorney's Client
The perpetrator argued that the client did not exhibit the demeanor of a typical victim of a sexual offense and that the client was therefore falsely accusing the perpetrator.
At the time of the incident, the place where the client and the perpetrator were located was abroad. After the incident, the client suffered a great shock, and being abroad with no one to rely on, the client did not know what to do, and the client's response was therefore inadequate.
Moreover, not all victims of rape exhibit the same behavior.
Because the demeanor of a victim may differ from individual to individual depending on the specific circumstances of the case, it should not be judged on the basis of an absolute standard.
From the investigation stage onward, the client has consistently asserted that the perpetrator exercised physical force to a degree that made resistance impossible.
Because there is no basis to find any falsity in the fact that the client reported the perpetrator, the client should be acquitted.
4. The Judgment for the Suncheon Criminal Case Attorney's Client
After hearing the arguments of the Suncheon criminal case attorney, the court rendered the following judgment.
The defendant is acquitted.
Although the client had been a victim of rape, the client was unjustly at risk of being criminally punished for false accusation. An acquittal is a result that is difficult to obtain in any criminal case.
However, because the client sought the assistance of the Suncheon criminal case attorney, the result of acquittal could be achieved.
🔗Suncheon Law Firm Daeryun accompanies clients through every stage of criminal cases and provides assistance with the matter.
If there is anyone in Suncheon, as well as in nearby areas such as Gwangyang, Yeosu, and Hwasun, who is unjustly at risk of criminal punishment as in this case, please seek out a criminal case attorney and request a consultation.
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.
