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False accusation, Perjury
False accusation, PerjuryNon-prosecution

False Accusation Complaint | Securing Non-Prosecution for a Client Accused of False Accusation

This is the account of a client who, stating that he had received a complaint for false accusation, requested the assistance of a specialist attorney. The client had been the subject of a complaint for rape-related false accusation and was at risk of punishment, but the specialist attorney brought about a non-prosecution.

1. The Client Who Received a False Accusation Complaint

This is the account of a client who sought assistance after receiving a complaint for false accusation.


The client was a former partner who had broken up with the complainant in this case about 3 years earlier, and she reportedly went to the complainant's home to retrieve her belongings, was subjected to rape, and reported it to the investigative authorities.


However, the complainant was acquitted of the rape charge and immediately thereafter filed a complaint against the client for false accusation and perjury.


The complainant claimed that the client had falsely accused him by reporting him for rape even though the sexual relations had been consensual, and that the client had committed perjury by falsely testifying during the police investigation that the complainant had forcibly dragged her into the complainant's home.


Having received a complaint for false accusation with these contents, the client, feeling bewildered, came to this firm.

Client who received a complaint for false accusation

The Client's Requests

The client said it was impossible to accept being placed at risk of punishment after receiving a complaint for false accusation, even though the client had been the victim of rape.

The client also said the client was suffering from severe depression and requested help in concluding the case as soon as possible.

2. Explanation of the False Accusation Complaint

When you receive a complaint for false accusation, you come under suspicion of false accusation. 🔗False accusation refers to the crime of reporting a false fact to a public office or public official for the purpose of causing another person to receive criminal punishment or a disciplinary action.


False accusation is established when the following requirements are satisfied.


① The purpose of causing another person to receive criminal punishment or a disciplinary action

② A false fact

③ Reporting to a public office or public official

According to the Supreme Court judgment of May 30, 2017, 2015Do15398, in order for the act of reporting a 'false fact' for the purpose of causing another person to receive criminal punishment to constitute false accusation, the reported fact itself must be capable of being a subject of criminal punishment.


Therefore, even if a false fact is reported, false accusation is not established if the fact itself does not constitute a criminal offense at the time of the report.


In addition, according to the Supreme Court judgment of January 16, 1973, 72Do1136, in false accusation the report to a public office or public official does not necessarily have to be made directly to the competent superior having the authority to review and decide on a disciplinary action or criminal punishment, and is established once it reaches such an authorized superior through the chain of command or the transfer of investigative jurisdiction.

Level of Punishment for False Accusation

Where false accusation is recognized, under Article 156 of the Criminal Act it is punishable by imprisonment for up to 10 years or a fine of up to 15 million won.


Article 156 of the Criminal Act (False Accusation) A person who, for the purpose of having another person receive criminal punishment or disciplinary action, files a false report with a public office or public official shall be punished by imprisonment for up to 10 years or a fine of up to 15 million won.

However, under Article 157 of the Criminal Act, a person who has committed false accusation may have the sentence mitigated or remitted if the person confesses or surrenders before the trial or disciplinary disposition of the falsely accused case becomes final.

3. The Attorney Who Responded to the False Accusation Complaint

For the client who received a complaint for false accusation, the specialized attorney responded as follows.

Responding to the False Accusation Charge 1 | Why the Client Went to the Complainant's Home

The specialized attorney argued that, after the client had decided to break up with the complainant, the client went to the complainant’s home to retrieve belongings left there.


The client rang the doorbell of the complainant’s home and asked for the belongings to be returned, but the complainant said there was something to discuss and tried to pull the client into the home by the hand.


The client refused, but the complainant kept pulling the client by the hand and pushed the client’s back, causing the client to enter the complainant’s home.


To prove this, the specialized attorney submitted CCTV material capturing the scene in which the complainant pulled the client by the hand at the time of the incident.

Responding to the False Accusation Charge 2 | The Circumstances in Which the Client Was Raped by the Complainant

The specialized attorney explained that the client went into the complainant’s home and asked where the client’s belongings were, but the complainant claimed that the client had pushed her onto the bed.


The client refused, asking what she was doing, but the complainant, saying that they had already had sexual relations and asking why the client was being shy, restrained the client’s body and committed rape.


The client wanted to flee from the complainant’s home right away, but out of fear that the complainant might assault the client, the client asked the complainant to buy some feminine hygiene products.


Afterward, as soon as the complainant went to the convenience store, the client rushed out of the complainant’s home and escaped by way of the stairs.


To prove this, the specialized attorney submitted as evidence CCTV footage showing the complainant stepping out of the home at the time of the incident and the client rushing out a few minutes later.


In addition, the attorney argued that the client had been receiving psychiatric treatment for several years due to the harm suffered from the rape, and submitted the psychiatric medical records as evidence.

Responding to the False Accusation Charge 3 | Arguing No Suspicion of False Accusation

The specialist attorney strongly argued that the client was not guilty of false accusation.


Under Supreme Court Decision 2018Do2614, rendered on July 11, 2019, the mere fact that a non-prosecution disposition or an acquittal was issued with respect to a reported allegation of having suffered harm such as sexual assault must not be used as an affirmative basis for finding false accusation, nor may the reported content be concluded to be false on that ground alone.


Moreover, in a specific case, the explanation regarding the fact of having suffered harm such as sexual assault and the circumstances leading to the report must not be readily rejected by applying a standard of what a genuine victim would surely have done, without sufficiently considering the special circumstances faced by the person claiming to be a victim.


The client filed a criminal complaint against the complainant for rape because the complainant had sexual intercourse against the client's will.


In particular, the investigative authority, after investigating both the client and the complainant, determined that rape was established and even indicted the complainant.


The specialist attorney emphasized this point to underscore that the client had not falsely accused the complainant.

Responding to the False Accusation Charge 4 | Arguing No Suspicion of Perjury

The specialist attorney argued that the client likewise was not guilty of the 🔗crime of perjury.


The complainant claimed that the client had falsely testified that the complainant forcibly dragged the client into the complainant's home. However, the client had no intention whatsoever of entering the complainant's home, yet entered it under the complainant's coercion.


The specialist attorney emphasized that, since the CCTV footage also shows a scene in which the complainant grabs the client's arm and pushes the client's back to make the client enter the home, it cannot be found that the client testified while aware that the testimony was false.

4. Outcome of Responding to the False Accusation Complaint

Result of responding to a false accusation complaint

The client who received the false accusation complaint, through the response of a specialized attorney, obtained a non-prosecution disposition of no suspicion of crime for both false accusation and perjury.


The client, having suffered rape and then also receiving a false accusation complaint, had been losing the will to live.


However, because of the firm's specialized attorney's tailored strategy, the client was able to clear the charges of false accusation and perjury and return to daily life.


The firm presents solutions suited to the case based on its experience responding to criminal offenses such as false accusation and perjury.


If you need legal assistance, please pursue a favorable result through a 🔗legal consultation reservation.

무고죄고소장 | 무고죄로 고소 당한 의뢰인 도와 불기소 처분

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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