[Asia Economy Reporter Kim Daehyun] A woman in her 20s who falsely accused a man of confinement and sexual assault after drinking together and entering a hotel room was sentenced to a suspended prison term in the first trial.
On the 31st, according to the legal community, Judge Kim Junhyuk of the Criminal Division 5 at the Seoul Central District Court recently sentenced A (27, female), who was indicted for false accusation, to one year in prison with a two-year suspension. She was also ordered to perform 120 hours of community service.
Earlier, A was brought to trial on charges of falsely reporting to the police that B confined and sexually assaulted her with the intent to have B criminally punished, around 7:30 a.m. on May 14 last year in a hotel lobby in Gangnam-gu, Seoul.
At the time of the incident, A told the police, "B locked the door inside the hotel room, forcibly grabbed my wrist to prevent me from leaving, and forced unwanted sexual intercourse," adding, "I was so scared that I pretended to be okay, then called from the hotel lobby and escaped." However, it was revealed that the two had gone to the hotel after drinking together, and there was no fact that B confined or coerced A into sexual intercourse.
Article 156 of the current Criminal Act (False Accusation) stipulates, "A person who reports false facts to a public official, etc., with the intent to have another person subjected to criminal or disciplinary action shall be punished by imprisonment for up to 10 years or a fine of up to 15 million won."
The court stated, "The crime falsely reported by the defendant involved confinement and rape, which carry severe statutory penalties, and the accused was at risk of severe punishment," adding, "Such false accusation crimes seriously undermine judicial order, and the accused is petitioning for strict punishment against the defendant."
However, the court added, "Considering that the defendant admitted her wrongdoing in court, has no prior criminal record except for one fine, that B was cleared of charges and not prosecuted during the investigation, as well as the motive, circumstances after the crime, age, and other sentencing factors, the sentence was determined."
Meanwhile, the prosecution has appealed the first trial verdict.
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