Pyeongtaek Law Firm Case | Pyeongtaek Law Firm Assists a Client Charged with False Accusation in Obtaining a Minor Fine

This is the story of a client who visited the Pyeongtaek law firm.

The client was talking together with a friend and the friend's partner, three of them, at the friend's home.

While they were spending time together, the friend became angry, claiming that the client had molested his partner, and approached the client, and the two got into a physical altercation.

As a result of the altercation, the client's friend sustained bodily injury and filed a complaint against the client.

The client also filed a complaint against the friend, but because the client had not in fact been assaulted, the client was charged with false accusation on the ground of having drawn up a false complaint.

The client then requested assistance from the Pyeongtaek law firm to defend against punishment.

The Pyeongtaek law firm explained the crime of 🔗false accusation.

The crime of false accusation is

the crime of reporting false facts to a public official with the purpose of having another person subjected to criminal punishment.

■ 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 punishment or disciplinary action shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

As stated above, the level of punishment for false accusation is set under Criminal Act Article 156 at imprisonment for not more than 10 years or a fine not exceeding 15 million won.

*The level of punishment may differ depending on individual circumstances, so if you wish to have your case reviewed accurately, please reach out to the 🔗Pyeongtaek law firm.

At the time of the incident, the victim was intoxicated.

The Pyeongtaek law firm argued that there was a possibility that the heavily intoxicated victim had not accurately recognized, or had forgotten, the assault that the victim had committed.

When the witness reported the incident, the report stated that ‘the two had been fighting.’

The firm argued that the witness denied mutual assault between the victim and the client and retracted the statement that had been favorable to the victim.

The Pyeongtaek law firm argued that the client lacked the intent that is a requirement for the establishment of the crime of false accusation.

In a photograph taken by the client immediately after the incident, the area around the client's eye was very swollen.

This supports the possibility that the victim struck or made contact with the area around the client's eye.

The firm emphasized that, since such contact was acknowledged, the crime of false accusation could not be established.

The client who came to the Pyeongtaek law firm requested assistance after being charged with false accusation by a friend.

As a result of the Pyeongtaek attorney's assistance, the client was able to avoid an actual custodial sentence and received a minor fine.

Because false accusation is not a crime requiring a complaint to prosecute or a crime not punishable against the victim's will, it is difficult to avoid criminal punishment.

For this reason, responding together with an experienced attorney from the early stages is a wise approach.

At Daeryun Law Firm, the responsible attorneys across all regions hold discussions at each stage of the case, including consultation, preparation of written documents, and pleadings.

Upon receipt of an inquiry, an experienced attorney conducts the consultation and presents a client tailored solution.

If you are involved in a false accusation case, you are welcome to receive a 🔗legal consultation at the Pyeongtaek law firm.