A Defense Against the Crime of False Accusation | A Victim of a Forcible Indecent Act Defends Against a Charge of False Accusation

The client was a victim who had reported that they had been subjected to inappropriate physical contact by a senior member of their university club.

At the time, the client was deeply shocked immediately after the incident and, at the urging of friends around them, reported the forcible indecent act to the university's human rights center and to the police.

In this process, the client retained an attorney from another law firm and pursued a criminal complaint for the forcible indecent act, given the gravity of the matter.

During the investigation, however, the senior member, who was the suspect, claimed that it had been a mere joke and that there had been no physical contact at all. In the end, the investigative authorities issued a non-prosecution disposition for insufficient evidence.

This outcome was a great shock to the client, and before the psychological wounds had even healed, the senior member, who had been the suspect, instead filed a counter-complaint against the client for the crime of false accusation, alleging that the client had filed a complaint based on false facts.

Upon receiving notice of the unexpected counter-complaint, the client was overcome with severe anxiety and fear.

In particular, with trust in the attorney from the earlier case already broken, the client concluded that a more thorough legal analysis and a strategic response were needed this time.

Accordingly, the client newly entrusted the case to a criminal law attorney at our firm, who has extensive experience in responding to investigations and defending against the crime of false accusation from the earliest stages of a case.

For the crime of false accusation to be established, it is not enough merely to have made a statement that differs from the facts.

Article 156 of the Criminal Act provides as follows.

Article 156 of the Criminal Act (False Accusation)

In other words, only where a person reports facts known to be false with the intent to have another person punished is that person punished for this crime.

The criminal law attorney therefore closely analyzed the client's statements, text and messenger records, and the content of conversations with friends immediately after the incident, and organized the reasonable circumstances under which the client could not but believe that they had actually suffered harm.

The attorney also emphasized that the statements remained consistent throughout the police statement, thereby logically demonstrating that there had been no intent whatsoever to file a false report.

The criminal law attorney pointed out that investigative authorities sometimes suspect the complainant on the ground that a crime was not established or that there was insufficient evidence.

Accordingly, the attorney actively cited the judicial principle that a non-prosecution disposition does not in itself mean that the report was false.

Summary of the Daejeon District Court Judgment of April 4, 2025, Case No. 2024 Godan 966

The criminal law attorney specifically described the fear and discomfort the client felt at the time of the report, as well as the fact that the client had come to file the report at the urging of those around them, and persuaded the authorities that the act of reporting was itself a socially legitimate process.

The criminal law attorney presented the legal argument for the non-establishment of the crime of false accusation as the primary line of defense, while also addressing mitigating factors in parallel, taking into account the possibility that the investigative authorities might not fully accept the client's perception.

In this way, the criminal law attorney employed a multidimensional defense strategy that combined legal and humanitarian responses in preparation for any possible unfavorable judgment.

The crime of false accusation is established where a person reports or files a complaint based on false facts for the purpose of having another person subjected to a disadvantage such as criminal punishment or disciplinary action.

In other words, merely somewhat exaggerating the facts, or making a statement while one's memory is unclear, does not immediately constitute false accusation. The crime is recognized only where there is an intent to have another person punished despite knowing the report to be false.

Furthermore, the fact that a report of harm was not accepted does not immediately amount to false accusation. In the legal assessment, the following factors are considered important.

Key Factors in the Assessment

Had the client's charge of false accusation been recognized, the following punishment could have been imposed, but with the help of the criminal law attorney, the client was able to defend against such punishment.

Level of Punishment

The case above was a meaningful matter that clearly revealed the genuineness of a victim and the boundaries of legal judgment, in a reality where a report of harm from a sexual offense can be turned directly into false accusation.

Daeryun Law Firm has many attorneys with extensive investigation and trial experience in both false accusation cases and sexual offense cases.

By assigning an attorney suited to each type of case, the firm provides a systematic response strategy from the earliest stages of a case through to the trial stage, including analysis of the credibility of statements, accompaniment during questioning by investigative authorities, submission of evidence and organization of rebuttal materials, and legal review.

In addition, for victims who bear a heavy psychological burden given the nature of such cases, the firm supports collaboration with psychological counseling specialists where necessary, thereby reducing secondary harm.

If you have been wrongly made a suspect of false accusation in a similar situation, 🔗please make a legal consultation appointment and entrust your case to us.

Daeryun, ranked as the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings), provides legal services grounded in trust.