Gimhae Sexual Offense Attorney | Defending a Client Charged With False Accusation to Obtain a Suspended Sentence

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.

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.

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.

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.