In High School, "Boyfriend Spread Rumors About Sex," Retaliated with Lies... Late Court Case [Seocho-dong Legal Story]

"Falsely Claimed 'Raped'... Apologized at the Time but Faced Defamation Criminal Trial 3 Years Later
Defendant: 'Sexual Objectification in Male Students' Group Chat... Ignorant of Law and Committed Crime Out of Fear'"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] "My boyfriend raped me in the bathroom." "He lied to me, saying he used contraception." "I bought contraceptive pills through illegal proxy purchasing and aborted the child."

In the summer of 2017, Ms. A, a high school sophomore, told her school friends these lies about her then-boyfriend Mr. B. Three years later, as a university student at the age of 21, Ms. A was investigated and brought to criminal trial on charges of defamation by spreading false information.

On the 18th of last month, Ms. A’s sentencing hearing was held in a courtroom on the 5th floor of the Seoul Central District Court. "I fully admit my mistakes when I was in high school. I was young and very scared at the time, and I lied without understanding the law. I am sorry." Ms. A repeatedly bowed her head and pleaded for leniency.

According to Ms. A and her lawyer, Ms. A spread false information because she believed male students at the same school were making obscene remarks about her. This was after rumors that Mr. B had sexual relations with her, and afterward, the male students continued to sexually objectify her in group chats and other places.

Furthermore, Mr. B’s side strongly opposed the defamation by spreading false information, and Ms. A apologized in front of Mr. B’s family, which temporarily settled the situation, as stated in court. Three years later, after Ms. A became a university student, Mr. B’s side filed a lawsuit against her.

Ms. A’s lawyer also stated, "The defendant was a minor at the time and committed the act to protect herself without knowing the relevant laws when she became the subject of rumors. She has apologized again to the victim and is making every effort to reach a settlement." He added, "Although it was a situation difficult for a female student to endure, she persevered, entered university, and is living diligently, so we ask for the maximum leniency."

Article 307, Paragraph 2 of the current Criminal Act stipulates that "Anyone who publicly defames another person by stating false facts shall be punished by imprisonment for up to five years, suspension of qualifications for up to ten years, or a fine of up to 10 million won."

The prosecutor requested the court to sentence Ms. A to a fine of 1 million won. Judge Kang Hyukseong, presiding over the case at the Seoul Central District Court Criminal Division 7, concluded all arguments and scheduled the verdict for the 18th.